Smt. Munni @ Farmoodan vs State Of U.P.
2019 Latest Caselaw 6132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22722 of 2019
 

 
Applicant :- Smt. Munni @ Farmoodan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Jai Singh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 135 of 2019, under Sections 420, 406, 467, 468, 471, 504 I.P.C., Police Station-Kotwali Sambhal, District Sambhal is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the present accused is an old lady of about 75 years as per Adhaar Card annexed at page No. 44. He further submitted that she is an illiterate lady and she was pursuing a case in the Civil Court and the Advocate of the lady used her for executing false and fabricated sale deed. She has nothing to do with the alleged crime and she has not received any amout in that sale deed, the transaction was done fradulently by the Advocate Devi Singh. Learned counsel for the applicant lastly submitted that she is languishing in jail since 30.04.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial and will be present on each and every date fixed by the trail court.

The prayer for bail has been vehemently opposed by learned A.G.A. but he could not dispute the aforesaid facts.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Smt. Munni @ Farmoodan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 135 of 2019, under Sections 420, 406, 467, 468, 471, 504 I.P.C., Police Station-Kotwali Sambhal, District Sambhal subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 9.7.2019

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