Allahabad High Court
Smt. Sapna Patel vs State Of U.P. on 8 August, 2019
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32195 of 2019 Applicant :- Smt. Sapna Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Smt. Sapna Patel in connection with Case Crime No.147 of 2019, under Sections 489B, 489C and 489D I.P.C., P.S. Kotwali, District Pilibhit.
The submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present. He further submits that present accused is a lady and she is simply a housewife and certain alleged recovery has been shown from her house after arresting the co-accused Uddeshya Dixit during raid and he was arrested on the spot having two printers and counterfeit currency. He further submits that applicant has no concern with the co-accused Uddeshya Dixit but she falsely disclosed the name of the applicant on account of old enmity with the husband of the applicant. When police raided the premise of the applicant then the present accused was found there and certain printers and articles were recovered by the police. He further submits that the present accused is innocent and she was not circulating the currency and no counterfeit currency was found from her possession. Lastly, he submits that applicant is not having any criminal history and at present she is languishing in jail since 17.04.2019 and in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Sapna Patel involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 8.8.2019 Md Faisal