Smt. Suman Alias Simmi vs State Of U.P.
2019 Latest Caselaw 6648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46440 of 2019
 

 
Applicant :- Smt. Suman Alias Simmi
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Birendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

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

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further contended that due to misconception of the fact the applicant was apprehended by the crowd and then the applicant was handed over to the police. In fact allegation of attempting to snatch the chain was shown against the applicant but she never tried to snatch the chain. Nothing incriminating article has been recovered. He further contended that the applicant is a lady and therefore, benefit of proviso to Section 437 should be given to the applicant. It is further contended that the applicant has no criminal history. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 5.10.2019.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, she may misuse the liberty of bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

Let the applicant Smt. Suman Alias Simmi involved in Case Crime No. 441 of 2019, under Sections 393 I.P.C., P.S. Tundla, District Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

(i)The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurise/intimidate the prosecution witness.

(iii)The applicant will appear before the trial court on the date fixed.

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

Order Date :- 6.11.2019

Anuj Singh