Subhash Vidyarthi, J
1. Heard Sri Manish Singh Chauhan, learned counsel for the applicant, learned AGA for the State, Sri Sushil Kumar Singh, learned counsel for the informant and perused the record.
2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 130 of 2023, under Sections 409 & 420 IPC, Police Station Vibhuti Khand, District Lucknow.
3. The aforesaid case has been registered on the basis of an FIR lodged on 12.03.2023 against the applicant, her brother Anoop Kumar Singh and 3-4 other persons alleging that the informant had booked four plots of land admeasuring 6000 sq. ft. at the rate of Rs. 149/- per sq. ft. in a real estate company Elpida Homes Private Limited through its agent Anoop Kumar Singh. Regarding the applicant, it is stated that she is sister of the agent Anoop Kumar Singh.
4. The FIR states that Rs. 4 lakh were transferred to UPI account of Archana Singh in seven installments and thereafter the informant paid Rs. 5 lakh in cash to the co-accused Anoop Kumar Singh but later on the informant came to know that he had been defrauded.
5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has falsely been implicated in the present case.
6. In paragraph 8 of the affidavit filed in support of the application, the applicant's involvement in Case Crime No. 633 of 2022, under Sections 420, 406, 504, 506 IPC, Police Station Vibhuti Khand, District Luckwo has been disclosed. The applicant had challenged the aforesaid FIR by filing Criminal Misc. Writ Petition No. 8659 of 2022 and by means of an order dated 19.11.2022, her arrest was stayed till submission of police report under Section 173(2) Cr.P.C.
7. The learned AGA has stated that a charge sheet has already been submitted in the aforesaid case but he could not point out whether the applicant has been summoned in that case.
8. Having considered the aforesaid facts and circumstances of the case, what prima facie appears from the allegations levelled in the FIR is that the informant claims to have entered into an agreement to purchase 6000 sq. ft. land but no agreement for purchase of land has been brought on record. The allegations make out payment of Rs. 4 lakh through UPI transfer but the purpose of transfer cannot be ascertained in absence of any agreement for sale and purchase of the property. Keeping in view the aforesaid facts and coupled with the fact that the applicant is a woman and she is languishing in jail since 16.05.2023, I am of the view that the applicant is entitled to be released on bail.
9. Accordingly, this bail application is allowed.
10. Let the applicant-Archana Singh be released on bail in Case Crime No. 130 of 2023, under Sections 409 & 420 IPC, Police Station Vibhuti Khand, District Lucknow on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not temper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
