Smt Rajni Bhargawa vs. State Of U.P.
Held
The Court held that the applicant is entitled to be released on bail. The reasoning was based on the fact that the main accused has already been granted bail, and there is no material on record to suggest otherwise regarding the applicant. The Court also considered that the applicant has no prior criminal antecedents and is a lady, making her eligible for the benefit of the first proviso of Section 437 Cr.P.C. The Court found no indication that the applicant's enlargement on bail would adversely affect the trial. Without expressing any opinion on the merits of the case, the Court allowed the bail application. The operative direction was to release the applicant on bail upon furnishing a personal bond and sureties, subject to specific conditions including attendance at hearings, not committing similar offences, and not tampering with evidence.
Facts
The applicant, Smt. Rajni Bhargawa, is accused in an FIR lodged against 16 persons concerning the sale and purchase of drugs, alleging non-payment of GST and violations of Sections 18B and 27 of the Drugs and Cosmetics Act. The applicant's counsel argued that the main accused, whose statement implicated the applicant, has already been granted bail. The sole allegation against the applicant is that certified goods were purchased from her. The applicant has no prior criminal antecedents and is a lady, thus eligible for bail under Section 437 Cr.P.C. The prosecution opposed the bail application.
Key Issues
1. Whether the applicant is entitled to be released on bail, considering the bail granted to the main accused and the nature of allegations against her, in light of Section 437 Cr.P.C.? Petitioner's arguments: The applicant argued that since the main accused, whose statement led to the applicant's implication, has been enlarged on bail, and the only allegation against the applicant is the purchase of certified goods from her, she should also be granted bail. Furthermore, the applicant highlighted her eligibility for bail as a lady under the first proviso of Section 437 Cr.P.C. and the absence of any criminal antecedents, asserting that her release would not adversely affect the trial. Revenue's arguments: The learned A.G.A. vehemently opposed the bail prayer.
Sections Cited
Section 437
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:160396 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34952 of 2023 Applicant :- Smt Rajni Bhargawa Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
Heard Sri Ayodhya Prasad, learned counsel for the applicant, learned AGA and perused the record.
The FIR in question was lodged against as many as 16 persons with regard to sale and purchase of drugs on the basis of non- payment of GST and it was also alleged that there was violation of Drugs and Cosmetics Act, specifically Section 18B and Section 27 of the same. It is argued by the learned counsel for the applicant that the main accused based upon whose statement the name of the applicant was taken to allege that certified goods were also purchased from the applicant has been enlarged on bail vide a separate order dated 27.07.2023 in Criminal Misc. Bail Application No.23396 of 2023 and prima facie the only allegation against the applicant is that certified goods were purchased from her also.
Learned A.G.A. vehemently opposed the bail prayer.
Considering the fact that the main accused has been enla
The judgment continues below.
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