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Prayagraj, 25 October (Hindustan Reporter). Allahabad High Court said that the bail application of the accused should not be rejected with the aim of giving him a taste of imprisonment as a lesson.
Justice Arun Kumar Singh Deshwal said that while considering the bail plea, apart from the seriousness of the charges and the punishment, the utmost consideration should also be given to whether the accused has absconded or tampered with the witnesses or intimidated the victim or witnesses. There is a possibility of.
The single judge made this comment while accepting the bail plea of Maya Tiwari. A case has been registered against him under sections 406, 420, 419, 467, 468, 471 and 120-B IPC and section 66-D IT Act on charges of cheating people by issuing fake tenders for the One Nation, One Ration Card scheme. Recorded at Sarai Khwaja, Jaunpur. The accused woman is a resident of Prayagraj.
It is alleged that the petitioner, who was arrested in October last year, allegedly worked with a gang that issued fake tenders for the One Nation, One Ration Card scheme in the name of the Deputy Secretary of the Ministry. He moved the court for bail on the ground that as per the FIR and the statement of the first informant, while Rs 10 lakh was transferred to the applicant and his family. Whereas Rs 8 lakh 70 thousand were sent back to the first informant.
Petitioner's advocate Saurabh Pandey told the court that the accused has already transferred more than the agreed check amount of Rs 5 lakh 20 thousand 500. The petitioner has become a victim of fraud committed by the main co-accused Santosh Kumar Semwal. Who allegedly prepared the fake work order issued from the PMO and sent it to the petitioner's WhatsApp number. Which the petitioner honestly sent to the first informant.
Citing the Supreme Court's decision in the Manish Sisodia vs Enforcement Directorate case, the advocate said that bail should not be punitive. Since, his co-accused has already got bail. Therefore he should also be released on bail. The court also cited the Supreme Court's judgment in the Manish Sisodia case, in which it had observed that it is not appropriate to keep a person in jail for a long period of time during the trial.
The High Court said that the prosecution's case is not that the applicant, who is a woman and is in jail since October 12, 2023, is likely to tamper with the witnesses or intimidate the victim or the witnesses. The court also admitted that no charges have been framed till date. There is no possibility of the case ending soon. The court said that the co-accused has already got bail. Under such circumstances, the court accepted the bail plea of the petitioner.
