Court No. - 28 Case :- BAIL No. - 5630 of 2010 Petitioner :- Smt.Asha Srivastava Respondent :- State Of U.P. Petitioner Counsel :- Sushil Misra Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the money was taken by
the co-accused Smt. Shabnam and Rashid Khan and at that time the applicant
was not present. She is an employee of the firm of the co-accused Smt.
Shabnam. She has taken sample of earth for the concerned firm on the
direction of Smt. Shabnam. Being a lady is entitled to be released on bail
under the proviso of section 437 of the Code of Criminal Procedure.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Smt. Asha Srivastava involved in Case Crime No. 147 of
2010, under sections 406. 419, 420, 467, 468 and 471 IPC, P.S. Sadullanagar,
District Balrampur be released on bail on her furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the Chief Judicial
Magistrate concerned.
Order Date :- 28.7.2010
shailesh