Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48945 of 2018 Applicant :- Smt Lalita Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Sahai,Lal Chandra Mishra,Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Vivekanand Rai
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned private counsel, appearing for the informant as well as learned A.G.A. and perused the record.
By means of this application, the applicant, Smt. Lalita Devi, who is involved in Case Crime No. 417 of 2015, under Sections- 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Highway, District-Mathura, is seeking enlargement on bail.
Learned counsel for he applicant argued that the accused- applicant, is innocent; she has been falsely implicated in this very case crime number; she was ready to make execution of sale deed in compliance of registered agreement to sale; she went to Registry Office, but the informant failed to get the sale deed executed; a proceeding, under Section 482 Cr.P.C. was initiated in which proceeding of investigation was stayed; subsequently, accused-applicant surrendered before the court, concerned, and is in Jail since 11.10.2018; she, being an old aged lady is languishing in Jail for no fault of her whereas co- accused has been enlarged on bail; offence is exclusively triable by the Magistrate Ist Class. Hence a prayer for bail has been made.
Learned private counsel, appearing for the informant, as well as learned A.G.A. has vehemently opposed the prayer for bail with this contention that the accused-applicant, being an illiterate lady, had received Rs.40 Lacs, while executing registered agreement to sale and subsequently about Rs.54 Lacs has also been received by way of deposit in the account of husband as well as in cash, however, knowing the fact of registered agreement to sale, land in question was alienated to many others with a view to deceit informant. Offence is very heinous, hence bail application be rejected.
Perusal of the first information report reveals that it was got lodged on 1.5.2015 with contention that agreement to sale was got executed in which Rs.40 Lacs were taken by the accused- applicant. This deed was got registered and as per the terms of the agreement to sale, informant went at the Registry office on 18.1.2014, but accused-applicant failed to appear there at and on being contacted she apprised about some litigation regarding above land, however, extended assurance for getting the land transferred, after litigation. Subsequently, neither land was transferred nor money was paid back and the total amount paid by various modes of payment was to the tune of about Rs.97 lacs, meaning thereby, it was a dispute of civil nature for which appropriate relief was decree for specific performance of contract, but it tilted towards criminal side when the accused- applicant alienated the property to some one else, knowing that she had entered in agreement to sale. This was held by this Court in Criminal Writ Petition No. 13310 of 2015. From over all perusal, it is apparent that the agreement to sale is being admitted by the accused-applicant. Whatever is written in it is presumed to be correct and there is entry of payment of Rs.40 lacs, which is not being denied by the accused-applicant or her counsel and in case of execution of sale deed by the accused- applicant in favour of the informant, the dispute will come to an end and in case of non-execution of sale deed, the amount and the interest there at as well as damages, permissible under law, is to be paid by the accused-applicant to the informant, but all this is of civil nature.
Under all above facts and circumstances and considering the bail granted to the co-accused, the accused-applicant being a old aged lady, languishing in Jaul since long and the offence is exclusively triable by the Magistrate 1st Class, without expressing any opinion on merit of the case, a case for bail is made out.
Accordingly, this Bail Application is allowed.
Let the applicant, Smt. Lalita Devi, involved in above mentioned case crime number be released on bail on her furnishing a personal bond to the tune of Rs.50 lacs and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 bgs/