Allahabad High Court
Smt. Munesh Devi vs State Of U.P. on 8 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49477 of 2020
Applicant :- Smt. Munesh Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Gurfan Ali,Shamshida Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 278 of 2020, under Sections 323, 452, 315 & 324 IPC, P.S. Gagalhedi, District- Saharanpur.
Submission of counsel for the applicant is that the applicant has been falsely implicated in this case and the role assigned to the applicant is of catching hold. No role of causing any injury has been assigned to the applicant. The applicant is a lady and is in jail since 10.10.2020. He further submitted that there is nothing on record to demonstrate that if the applicant is enlarged on bail, it would affect the trial of the case and there is no possibility of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. He further submitted that the applicant has no criminal history to her credit and the co-accused Teerath has already been released on bail by this Court on 6.1.2021 in Crl. Misc. Bail Application No. 49339 of 2020, and the case of the applicant stands on the similar footing and claimed parity. This fact has not been disputed by the learned AGA.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Smt. Munesh Devi involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings 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.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 8.1.2021
vinay
