Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38997 of 2019 Applicant :- Girija Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Shri Nazrul Islam Jafri , Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Nazrul Islam Jafri, learned Senior Counsel appearing for the applicant and Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the Co- ordinator of Shelter Home, Deoria and has been falsely implicate in the present case alongwith her daughter Smt. Kanchan Lata Tripathi who was the Superintendent of the said shelter home. It is further submitted that the daughter of the applicant has already been enlarged on bail by the court below vide order dated 19.12.2018, copy of the order produced as Annexure-11 to the bail application. It has been further stated that in the present case some additional charge under Section 419, 420, 467, 468, 471 IPC was also levelled against the applicant that he was running the shelter home without renewal of its license. It is further submitted that three cases were registered against the applicant in which she has been granted bail in two cases being Criminal Misc. Bail Application Nos.33570 of 2019 and 36588 of 2019 vide orders dated 26.8.2019 and 17.9.2019 respectively. The applicant is in jail since 6.8.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Girija Tripathi involved in Case Crime No.707 of 2018 (Criminal Case No. 1339 of 2018) under Sections 353, 419, 420, 467, 468, 471 IPC and Section 42 Juvenile Justice Act, Police Station Kotwali Deoria, District Deoria be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 his 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 him, 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 him in accordance with law.
Order Date :- 26.9.2019 Deepika