Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7313 of 2021 Applicant :- Smt. Muradan Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Sharma,Pankaj Satsangi Counsel for Opposite Party :- G.A.,Anil Kumar,Mohit Singh
Hon'ble Sanjay Kumar Singh,J.
Counter affidavit filed by learned Additional Government Advocate is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State, Mr. Anil Kumar, learned counsel appearing on behalf of first informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 438 of 2020, under Sections 452, 386, 504, 506 IPC, police station Kotwali, district Budaun, during the pendency of trial.
It is submitted by the learned counsel for the applicant that earlier on 01.10.2020, the applicant (Smt. Muradan) lodged first information report by moving an application under section 156(3) Cr.P.C. against the police personnel, namely, Inspector Omkar Singh, S.I. Rajendra Singh, one unkown Sub-Inspector, one Constable of Lalpul Chowki and ten unknown constables for the alleged offence under sections 147, 148, 149, 354, 395, 397 IPC, which was registered at Case Crime No. 0337 of 2020 at police station Kotwali, district Budaun. It is further submitted by the learned counsel for the applicant that Usman Gaddi, husband of applicant is political person. Earlier, he was in Bhartiya Janta Party, but subsequently on 19.04.2019, he joined the membership of Samajwadi Party. On account of this reason, he was being harassed by the local police personnel. It is next submitted by the learned counsel for the applicant that in the aforesaid Case Crime No. 0337 of 2020, Investigating Officer collected several affidavits. Ganga Singh, the informant of the present Case Crime No. 0438 of 2020 also given an affidavit in favour of police personnel. Thereafter, Investigating Officer without conducting fair investigation submitted final report in Case Crime No. 0337 of 2020. The said final report has been objected by the applicant by filing protest petition, which is still pending. It is next submitted by the learned counsel for the applicant that till date final report submitted in Case Crime No.
0337 of 2020 has not been accepted by the Magistrate concerned. It is pointed out by the learned counsel for the applicant that on account of aforesaid reason, applicant has been falsely implicated in the present case being Case Crime No. 0438 of 2020 making allegation inter alia that the applicant along with her husband entered into the house of informant on 19.12.2020 and threatened the informant with dire consequences making demand of Rs. 2,00,000/- (rupees two lac) by saying on non-fulfillment of their demand, he was given threat of life. It is also submitted by the learned counsel for the applicant that the allegations are false and concocted because till date it is admitted case of the prosecution that no injury has been caused by the applicant to the informant or his family members. It is also admitted case of the prosecution that the informant did not pay any amount as demanded by the applicant. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 20.12.2020. She does not have any criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Per contra, learned A.G.A. as well as learned counsel appearing on behalf of informant opposed the bail prayer of the applicant, but they do not dispute the factual aspects of the case as argued on behalf of the applicant.
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. Muradan, 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 shall file an undertaking to the effect that she 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
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. 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 :- 5.4.2021 Sazia