Allahabad High Court
Bhanu @ Divya vs State Of U.P. on 1 August, 2019
Bench: Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30914 of 2019
Applicant :- Bhanu @ Divya
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant as well as Sri O.P. Singh, learned AGA for the State and perused the material placed on record
It is argued by the learned counsel for the applicant that applicant is a student and she is preparing for job. On the alleged date, she went to at the place of incident for the shopping in the Mall, where the police came and started caught all the persons including applicant and due to non-fulfilment of illegal demand of money, she has falsely been implicated in this case. It is also submitted that co-accused, namely, Abhijeet Kumar Singh, Manoj Agrwal, Shashi Dev Mallitak, Vikas Jain, Gayatri @ Mona, Jintana @ Apple, May, Ainee, Netthaphet @ Tain, Maiya @ Maya, Siri @ Pinki, Kaindy Buliyeg, Lily @ Lilney, Tanu @ Sonam and Madhu Chauhan @ Divya who were arrested by the Police on the spot. have already been granted bail by the court below vide order dated 08.07.2019. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history in her credit. Applicant is languishing in jail since 01.07.2019. In case he is enlarged on bail she will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the case of the present applicant is identical to the case of co-accused persons, who has been enlarged on bail. It is further submitted that innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail she will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicant Bhanu @ Divya involved in Case Crime No.697 of 2019 under Sections 3, 4, 5, 7 (2) (A) Immoral Traffic (Prevention) Act, 1956, Police Station Sector-20 NOIDA, District-Gautam Buddha Nagar be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 1.8.2019
Pr/-
