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2025 DAILYLAW 20897 (ALL)

SMT. MEENU DUBEY v. STATE OF U.P.

BAIL/5904/2025 · 2025-04-29

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67430 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5904 of 2025 Applicant :- Smt. Meenu Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Pratibha Rajput,Raghuvansh Misra,Ram Janam Shahi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 174 of 2023, under Sections 420, 465, 467, 468, 471, 506, 120-B IPC, Police Station Kotwali Kaimganj, District Farrukhabad during the pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is languishing in jail since 12.12.2024. It is also submitted the applicant is a widow lady and has been falsely implicated in the present case. The investigation has already been completed and charge-sheet has been filed on 14.01.2025 and cognizance has been taken by the competent court. 3. The allegation against the applicant is that the applicant has made forged date of birth in the Aadhar Card. It is also submitted that as per the statement of the Principal of the School and in the transfer certificate, the actual date of birth of her son has been mentioned as 01.01.2006 but the date of birth on the Aadhar Card is 01.01.2002. It is also alleged that the applicant has made other forged sale-deed and sold the property. 4. Learned counsel for the applicant has submitted that there are no credible evidence on record at this stage to link the applicant with commission of offence as alleged in the FIR. It is submitted that there are no previous criminal history against the applicant and she is a person of clean antecedents. 5. Learned counsel for the applicant has submitted that the informant i.e. son of the applicant has already died and she is herself victim in the said case. It is also informed the Court during the arguments that she has filed suit for cancellation of the sale- deed in question before the competent court. On the instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 6. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but not contradicted the fact that she is a person of clean antecedents. Investigation has already been completed and charge-sheet has been filed. The applicant is languishing in jail since 12.12.2024. 7. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 8. It is admitted that the present applicant is a person of clean antecedents. She is languishing in jail since 12.12.2024. The investigation has been completed and charge-sheet has been filed. The court has taken cognizance. The informant who was son of the present applicant had already died. There are no previous criminal history against the applicant. It is not brought in the notice of the Court that the applicant will not cooperate with the trial or she may influence the witness or tamper the evidence. There are no chance for completion of the trial in the near future. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant- Smt.Meenu Dubey who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.4.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad