Sukhrana v. The State of U.P. Thru. Addl. Chief Secy. Deptt. of Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13946 of 2023 Applicant :- Sukhrana Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Counsel for Applicant :- Sachin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sachin Srivastava, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 121 of 2023 under Section 419, 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali Nagar, District Balrampur.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

27.04.2023 against four persons, not including the applicant, alleging that a sale deed was executed by some imposter in favour of a co-accused Ashutosh Pandey.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is a 60 years old women having no criminal history and she is languishing in jail since 14.07.2023

¶5Although, it is mentioned in the sale deed that the amount of Rs. 15,000/- towards sale consideration was paid through two cheques, the relevant extract of case diary has been annexed with the counter affidavit wherein it is recorded that no amount has been transferred from the account of the purchaser Ashutosh Pandey to the bank account of the applicant.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Sukhrana be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 24.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench