Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34457 of 2019 Applicant :- Smt. Anupam Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Pandey Counsel for Opposite Party :- G.A.,Sudarshan Singh
Hon'ble Sanjay Kumar Singh,J.
Compromise application dated 25.11.2019 filed on behalf of the first informant is taken on record.
Heard learned counsel for the applicant, learned AGA, learned counsel for the first informant and perused the record.
By means of this application, the applicant, who is involved in case crime no. 119 of 2019, under Sections 406, 420, 467, 468, 471, 311, 504, 506 IPC, P.S. Fatehganj West, District- Bareilly, is seeking enlargement on bail during the trial.
The main substratum of arguments of learned counsel for the applicant is that the allegation against the husband of the applicant (co-accused Sanjeev Kumar Tiwari) is that he had taken an amount of Rs. 13,50,000/- from the first informant giving assurance to execute a sale deed in his favour, but no sale deed was executed in favour of first informant. Now, it is submitted by learned counsel for the parties that the parties have entered into compromise and settlement has taken place between them, as the applicant Smt. Anupam Tiwari has executed a sale deed dated 21.11.2019 in favour of first informant Smt. Ashlekha Chauhan. Copy of the said sale deed dated 21.11.2019 has been brought on record as Annexure no.2 to the compromise application dated 25.11.2019. In view of above, learned counsel appearing on behalf of the first informant submitted that now he has no grievance against the applicant. The applicant has no criminal history. The applicant is languishing in jail since 24.05.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail.
Hence, the bail application is hereby allowed.
Let the applicant Smt. Anupam Tiwari, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019 AK Pandey