Smt. Shahin @ Guriya Begum v. State of U.P. Thru. Secy. Ministry Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14906 of 2023 Applicant :- Smt. Shahin @ Guriya Begum Opposite Party :- State Of U.P. Thru. Secy. Ministry Home Lko. Counsel for Applicant :- Prashant Gupta,Prashant Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Prashant Gupta, the learned counsel for the applicant, Sri Amitabh Chaturvedi, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 02 of 2021, under Sections 370/504/506 I.P.C. and Sections 67 and 67-A of Information Technology Act, , registered at Police Station S.A.H.T.U., District Kanpur Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.08.201 alleging that the accused persons had taken Rs.50,000/- from the informant's wife in the name of getting her employed abroad and had sent her to Oman on

05.03.2021 where she was ill-treated by the employer who claims that he had purchased the informant's wife for rupees four lacs.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history. Both the other co-accused persons have already been granted bail by this court and copies of their bail orders have been annexed as Annexure Nos.3 and 4 to the affidavit filed in support of application.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that two co-accused persons have already been granted bail by this court; that the applicant has no previous criminal history and she is languishing in jail since 23.09.2023 and without making any observation, which may affect the merits 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 in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Smt. Shahin @ Guriya Begum 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 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 :- 18.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench