Allahabad High Court
Komal Saraswat vs State Of U.P. on 11 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35207 of 2022 Applicant :- Komal Saraswat Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Srivastava,Shivajee Srivastava Counsel for Opposite Party :- G.A.,Dewarshi Kumar Rai,Mukesh Kumar Pandey Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Shivajee Srivastava, learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention, in brief, is that it is a case of no evidence based upon circumstantial evidence. No iota of material substance has been brought on record which may justify involvement of the applicant in commission of the offence. The entire exercise for implication of the applicant in this case is nothing but guess work. Perusal of the material on record would show that on the basis of the statement of the other co-accused, name of the applicant has been dragged in deliberately for specific reason best known to the prosecution. The applicant happens to be wife of the co-accused Monu Saraswat. Apart from that, learned counsel for the applicant has detailed background of the case as to how things stated to have occurred prior to the commission of the offence. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any previous criminal history and she is languishing in jail since 05.07.2022.
Sri Vipin Chandra Pal, Advocate holding brief of Sri Dewarshi Kumar Rai, learned counsel for the informant has brought to the notice of this Court the very statement of various persons including statement of the informant Jitendra Kesarwani, Renu Kesarwani, mother of the deceased. However, he could not dispute the fact of independent piece of testimony or link. Apart from that, statement of the prosecution witnesses is not available to him for the time being.
Learned A.G.A. has adopted contention of the learned counsel for the informant.
Upon consideration of facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant - Komal Saraswat involved in Case Crime No. 84 of 2022, under Sections - 364, 302, 201, 34 I.P.C., Police Station - Kotwali, District - Prayagraj, be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned Order Date :- 11.1.2023 rkg