Savitri Devi vs State of U.P.

Rajesh Dayal Khare, J.—Heard learned counsel for the applicant, Sri V.K. Sharma and Sri K.C. Yadav, who have put in appearance on behalf of complainant and learned A.G.A. for the State respondent.

Sri K.C. Yadav has filed counter affidavit on behalf of complainant, which is taken on record.? Learned counsel for the applicant states that he does not want to file rejoinder affidavit and the matter may be heard on merit.

The present bail application has been filed by the applicant in case crime no. 104 of 2008 under Section 419, 420, 467, 468, 471 IPC, P.S. Haraiya District Basti with a prayer that he may be granted bail.

It is contended by the learned counsel for the applicant that the sole allegation against the applicant is that she got her name mutated in the revenue records on the basis of forged sale deed.? It is further contended that the applicant has been falsely implicated in this case due to ulterior motive.? It is further contended that the applicant is old and pardanashin laday, aged about 60 years.? It is next contended that the coaccused has already been enlarged on bail by this Court vide order dated 3.11.2009 passed in criminal misc. application no. 29763 of 2008, copy of which has been filed as annexure6A to the affidavit. It is also contended that the applicant has no criminal history and she is in jail since 17.11.2009 and in case she is enlarged on bail, she will not misuse the liberty of bail.

Learned A.G.A. has contended that the applicant does not deserve to the enlarged on bail.

Considering the facts and circumstances of the case as well as submissions of parties and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Smt. Savitri Devi involved in the aforesaid case crime number be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to following conditions that :

the applicant shall not tamper the prosecution evidence;

the applicant shall not pressurize the prosecution witnesses; and

the applicant shall appear on each and every date fixed by the trial court.

In case of default of any of the conditions enumerated above, the bail, granted to the applicant, shall stand automatically be cancelled.