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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42472 of 2024 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the applicant is not named in the F.I.R. which was lodged against three accused including the husband of applicant. The allegation made in the F.I.R. is that named co- accused took a huge amount from the informant for investing in their construction company on the pretext of returning him attractive returns. The applicant is the wife of one co-accused, Bajrang Singh Shekhawat who received a cheque of Rs. 1,11,000/- from the informant and submitted into the account of applicant. Thus, allegation against the applicant is that the said amount was credited into her account. The applicant has no concern with such affairs of her husband and she has been falsely implicated in the case due to wife of one co-accused, Bajrang Singh Shekhawat. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. There are four cases into the credit of applicant, which criminal history has been explained in para-2 of the supplementary affidavit filed today. The applicant is in jail since 22.04.2024. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be Versus Counsel for Applicant(s) : Pradeep Kumar Singh, Shalvin Counsel for Opposite Party(s) : G.A. Reena Kuwar .....Applicant(s) State of U.P. .....Opposite Party(s)
adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Reena Kuwar, be enlarged on bail in Case Crime No. 0934 of 2020, under Sections 419, 420, 467, 468, 471, 406, 120B I.P.C., Police Station- Ramgarhtaal, District- Gorakhpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 6, 2025 Mustaqeem. BAIL No. 42472 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad