Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50179 of 2019 Applicant :- Smt Laxmi Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Kamla Singh,Vijay Shanker Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 11 of 2019, under Sections 323, 420, 467, 468, 471, 506, 120-B IPC, P.S. Kadaura, District- Jalaun, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per the allegation made by the informant (Anil Kumar S/o Lallu) against the applicant is that his name was find place in the list dated 29.05.2017 of Pradhan Mantri Awas Yojna, but village Pradhan (applicant) and Secretary did not give information to him and has sent the name of another person, namely Anil Kumar S/o Kalka in his place. On 9.11.2019, time was granted to learned AGA to seek instruction whether any list dated 29.05.2017 of Pradhan Mantri Awas Yojna is in existence or not. On the said query, learned AGA upon instruction received to him replied that in the final list dated 15.06.2017, the informant has find place at serial no.1 and his account is in Allahabad Bank Parasaran Branch, Jalaun, but the accused persons in collusion with Anil Kumar S/o Kalka deliberately sent the name of Anil Kumar S/o Kalka in place of informant giving his account number situated in Allahabad Bank Etaura Branch, Jalaun. As such, an amount of Rs. 1,20,000/- for which informant was entitled has been wrongly given to another person, namely Anil Kumar S/o Kalka. On the said submission of learned AGA, learned counsel for the applicant further submitted that in fact the said amount of Rs. 1,20,000/- was wrongly transferred in the account of Anil Kumar S/o Kalka by mistake, but as soon as this fact came to the knowledge of applicant and other authorities concerned, an order dated 21.10.2019 was passed by the Block Development Officer, Jalaun to return the said amount. Pursuant thereto, on 22.10.2019 the said amount of Rs. 1,20,000/- has been transferred to State Pool Account of Pradhan Mantri Awas Yojna (P.M.A.Y.), as such there is no embezzlement of the said amount on the part of the applicant. It is further submitted that applicant has no criminal history. The applicant is languishing in jail since 22.10.2019 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 Laxmi Devi, 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 :- 29.11.2019 AK Pandey