Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.639 of 2018, under Sections 364A, 394, 411/34, 120B, 365 IPC, P.S. Kotwali Nagar, District Banda.
Learned counsel for the applicant submits that FIR was lodged against unknown persons. According to FIR version, on 21.09.2018, four miscreants abducted Pradeep Singh @ Neelu Singh and also looted Rs. 2,26,000/-. He further submits that on 14.10.2018 Rajendra Singh @ Vikram Singh @ Doctor @ Hemna Singh, Kamlesh Sen, Mangal Yadav, Rahul Lodhi, Rakesh Vishwakerma, and Nathu Yadav @ Ashok Yadav were arrested and from their possession abductee was recovered. He also submits that name of applicant surfaced in the statement of co-accused Rahul Lodhi, driver of applicant's vehicle. He next submits that abduction was committed on the tips of Nathu Yadav and Ramraj Nai. He further submits that being sister of Rajendra Rawat and on the statement of co-accused Rahul Lodhi, she has been implicated in this case. He also submits that co-accused Ravi Kumar @ Babua, Ashok Yadav, Ramraj Patel, Rakesh Vishwakarma @ Raju, Kamlesh Sen have been enlarged on bail by the court below. He next submits that co-accused Rahul Lodhi and Mangal Yadav have also been enlarged on bail by this Court in Criminal Misc.Bail Application Nos. 18516 and 17792 of 2019 vide orders dated 01.05.2019 and 11.07.2019. He further submits that the applicant has criminal history of four cases, i.e., (i) Case Crime No.56 of 202, in which she has been enlarged on bail, which is explained in para 11 of the affidavit filed in support of bail application, (ii) Case Crime no. 24 of 2021, in which she has been enlarged on bail by the bench of High court Jabalpur, which has been explained in para 3 of first supplementary affidavit and (iii) Complaint Case No. 204 of 2019 & (iv) Complaint Case No.745 of 2014, in which compromise arrived between the parties, which is explained in para 2 of the second supplementary affidavit. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 19.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of co-accused arrested by the police along with recovery of the abductee and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Geeta Singh Rawat involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 26.8.2021 MAA/-