Allahabad High Court
Smt Shikha vs State Of U.P. on 17 February, 2021
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7667 of 2021 Applicant :- Smt Shikha Opposite Party :- State of U.P. Counsel for Applicant :- Imran Mabood Khan,Shweta Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Certified copy of the FIR and one supplementary affidavit filed on behalf of applicant, are taken on record.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause during the course of the day.
Heard learned counsel for the applicant, learned AGA-I for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. She is innocent and has no criminal antecedent. Learned counsel for the applicant submits that the main accused Ashfaq has been granted bail by co-ordinate Bench of this Court vide order dated 22.01.2021 passed in Crl. Misc. Bail Application No. 3406 of 2021. She claims parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. The applicant is languishing in jail since 18.08.2020. She undertakes that she will not misuse the liberty, if granted, therefore, she may be released on bail.
Learned AGA vehemently opposed the prayer for bail Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Smt. Shikha involved in Case Crime No. 1005 of 2020, under Sections 120B, 114, 109, 201 and 364A IPC, Police Station Majhola, District Moradabad be released on bail, on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 17.2.2021 Ujjawal