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2025 DAILYLAW 52168 (ALL)

BHARTI SINGH v. STATE OF U.P. THROUGH SECRETARY HOME AT LUCKNOW

BAIL/15479/2025 · 2025-08-18

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142916 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15479 of 2025 Applicant :- Bharti Singh Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Abhinav Jaiswal,Deepak Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that according to the allegations of the F.I.R., Naveen Singh, husband of the applicant on the pretext of getting allotment of shops in the name of informant and his family members got transferred Rs. 9,50,000/- in his account through the brother of informant and Rs. 1,50,000/- in cash has been collected by the applicant. Learned counsel for the applicant submits that the incident is alleged to have taken place between 02.06.2020 to 27.12.2022 whereas the F.I.R. has been lodged on 27.02.2025 without there being any plausible explanation of such an inordinate delay of more than two years. Learned counsel further argued that on account of matrimonial discord between the applicant and her husband, Naveen Singh, the applicant is living separately from her husband from the last four years. He also submits that the applicant has also filed a petition under Section 13 of Hindu Marriage Act, in the Court of Principal Judge, Family Court, Kanpur Nagar, which is pending consideration, copy of the plaint dated 05.10.2024 has been produced before this Court and is taken on record. Learned counsel f urther argued that the applicant is not concerned with the affairs of her husband and that she has been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. 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 him. He next submits that applicant is languishing in jail since 01.03.2025. 3. 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 adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Bharti Singh involved in Case Crime No.90 of 2025 under Sections 406, 420, 467, 468, 471 I.P.C., Police Station Kalyanpur, District Kanpur Nagar, be released on bail on 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:- 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 an 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 breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 19.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad