Uttarakhand High Court
Smt. Jaya Sarkar vs State Of Uttarakhand on 27 March, 2018
Author: V.K. Bist
Bench: V.K. Bist
BA1 No.557 of 2018 Hon'ble V.K. Bist, J.
Mr. Gaurav Singh, Advocate for the applicant.
Mr. J.S. Virk, A.G.A. along with Mr. Rakesh Joshi, Brief Holder for the State of Uttarakhand.
Applicant-Smt. Jaya Sarkar, who is in jail in Case Crime No.875 of 2017, in respect of offences punishable u/s 406, 420,467, 468 & 471 of IPC, registered at P.S. Kotwali Haridwar, District-Haridwar, has sought her release on bail.
Heard learned counsel for the parties and considered the grounds taken up in the bail application.
Learned counsel for the applicant submitted that the
applicant is a 56 years old lady; has falsely been implicated in the instant crime; has no criminal history and is languishing in jail since 19.1.2017. He submitted that the FIR has been lodged after a prolong delay of two years, when the said stamp paper is said to have been given in the year of 2015. He further submitted that no case under aforesaid Section can be made out against the applicant, inasmuch as, the applicant has not prepared the forged valuable security.
Learned counsel for the applicant contended that in case, the applicant is granted bail, she will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.
Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.
The bail application is allowed. Let the applicant be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
(V.K. Bist, J.)
A.kaur 27.3.2018