Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26246 of 2021 Applicant :- Gyanwati Alias Gyandevi Opposite Party :- State of U.P.
Counsel for Applicant :- Saksham Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 19 of 2021, under Sections 147, 148, 149, 302, 34, 506, 120-B IPC, Police Station - Khair, District - Aligarh with the prayer to enlarge the applicant on bail.
According to prosecution case, F.I.R. was lodged by the complainant Smt. Bhagwati against five named accused persons including the present applicant Gyanwati Alias Gyandevi and it was alleged in the FIR that the the accused persons were lying in ambush and seeing the complainant and her husband, Akash, Ajay, Vijendra and Mohan Singh fired with their country-made pistols at the husband of the complainant, who succumbed the fire-arm injuries and was declared dead by the doctor.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is thereafter submitted that the present accused applicant is a lady and she has been assigned the role of exhortation and no role of any overt act has been assigned to the present accused applicant. It is also argued that the present applicant is an old lady of sixty years age and is suffering from age related ailments. Lastly, it is argued that the applicant is in jail since 25.03.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, all the attending facts and circumstances of the case and considering that only role of exhortation has been assigned and no role of any overt act was assigned to the present accused, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Gyanwati Alias Gyandevi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her 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, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 13.8.2021 LBY Digitally signed by Justice Ajit Singh Date: 2021.08.16 15:59:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad