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2025 DAILYLAW 68946 (ALL)

MEENA VERMA ALIAS MEENA RANI v. STATE OF U.P.

BAIL/22303/2025 · 2025-08-07

Sameer Jain

body2025

Judgment text

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Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22303 of 2025 Applicant :- Meena Verma Alias Meena Rani Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Heard Anuj Bajpai, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A.-I for the State-respondent. 3. The present application has been filed by the applicant with a prayer to release the applicant on bail in Case Crime No. 0128 of 2019, under Sections- 409, 420, 467, 468, 471, 201, 120B IPC & 13(1) A, 13(2) Prevention of Corruption Act, Police Station- Mandavar, District- Bijnor, during pendency of trial. 4. Learned counsel for the applicant submits that FIR of the present case was lodged in the year 2019 against the applicant and others and as per allegation, applicant was ANM and she alongwith other accused by showing fake pregnancies misappropriated the public fund but entire allegations levelled against the applicant are false. 5. He further submitted that during investigation considering the medical condition of the applicant, Investigating Officer did not arrest her and however, in the present matter charge sheet was filed in the year 2022 and cognizance was taken but summons could never be served upon her and this fact has specifically been made in para-18 of the affidavit filed in support of the instant bail application. 6. He further submitted that in the FIR, five other persons were also made accused and out of them, two persons have been exonerated and co-accused Rajeshwari who was ASHA worker has been released on bail by the court concerned, itself. 7. He further submitted that applicant is ready to give an undertaking that in the present matter, if she will release on bail then she will regularly attend the trial court on each and every date either in-person or through his counsel. 8. He further submitted that applicant is not an absconder and still, she is suffering with serious heart disease. 9. He further submitted that applicant is lady and in the present matter, applicant is in jail since 17.5.2025. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant was ANM and she alongwith others misappropriated the public fund after disclosing the false and fake pregnancies but it reflects during investigation, Investigating Officer, did not make her arrest. 13. Further, however, cognizance has been taken by the court concerned in the year 2022 and applicant is in jail since 17.5.2025 but considering the medical condition of the applicant which has been even disclosed by the Investigating Officer during investigation, it cannot be said that she was an absconder. 14. Further, alongwith the applicant as many as five others were also made accused and out of five accused, two accused have been exonerated by the Investigating Officer during investigation and co-accused Rajeshwari who was working as ASHA has already been released on bail by the court concerned, itself. 15. Further, learned counsel for the applicant assured the Court that if applicant will be released on bail then she will regularly attend the trial court on each and every date either in-person or through his counsel. 16. Further, applicant is lady and she is having no criminal history and she is in jail since 17.5.2025 i.e. for last three months. 17. Further, considering the medical prescription of the applicant which have been annexed alongwith the supplementary affidavit filed alongwith the instant bail application, it reflects, applicant is suffering with heart disease. 18. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant-Meena Verma Alias Meena Rani, be released on bail in the aforesaid case on 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 shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.8.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad