Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30372 of 2009 Petitioner :- Sheela Devi Respondent :- State Of U.P. Petitioner Counsel :- M.C.Tiwari,Kiran Tiwari Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the applicant is a lady and a bonafide purchaser of the plot no. 27 and she has
got nothing to do with the plot no. 26. He further submits that the applicant
has not encroached upon the plot no. 26 and if the complainant had any
grievance , he should have approached the appropriate forum by filing a civil
suit. He further submits that a pure civil dispute has been dragged into the
criminal court and a bare perusal of the F.I.R. reveals that no offence against
the applicant is disclosed and the present prosecution has been instituted with
malafide intention for the purpose of harassment. In support of his contention
he referred to certain documents. He further submits that the applicant, being
a lady, is entitled to the benefit of Section 437 Cr.P.C. He further submits that
the applicant has got no criminal history to his credit and there are no chances
of his fleeing away from the judicial process or tampering with the
prosecution evidence, and is in jail since 23.9.2009.
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 Sheela Devi involved in Case Crime No.473 of 2009 under
Sections 420,467,468,471,506 I.P.C., P.S. Shahga, District Agra be released
on bail on his 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.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 1.2.2010
MLK