Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
The accused-applicant is involved in F.I.R. No.52 of 2017, under Sections 419, 420, 406 IPC, P.S. Kasimpur, District Hardoi.
Learned counsel for the applicant has submitted that the applicant is a lady and one of the Directors of the company. She is innocent and has been falsely implicated. She has not committed any offence as alleged in the FIR. She is not even named in the FIR. It is further submitted that the applicant is a mother of one year old child, who needs maternal care.
It is further submitted that the offences under which the applicant is charged are punishable up to seven years and triable by magistrate. The applicant is languishing in jail since 29.11.2020. After investigation, charge sheet has been filed on 20.12.2020. The applicant does not have any previous criminal history.
It is submitted that there is no apprehension of the applicant influencing the witness, tampering the evidence or fleeing from judicial process. In case she is released on bail, she undertakes to abide by all the conditions and not to misuse the liberty of bail.
Learned Additional Government Advocate has opposed the prayer for bail but has not contradicted the aforesaid facts as stated by learned counsel for the applicant.
Taking into consideration the nature of accusation(s) and severity of punishment, if convicted, as well as the facts that the applicant does not have any previous criminal history, after investigation charge sheet has been filed, the offences are triable by magistrate as also considering the fact that the applicant has a one year old child and that no apprehension of applicant influencing the witness, tampering the evidence or fleeing from judicial process has been shown by learned Additional Government Advocate during the course of argument, however, without expressing any opinion on merits, this Court finds it a fit case for grant of bail. Thus, the instant bail application is allowed.
Let the applicant Nausheen Fatima be released on bail in aforesaid first information report number on her furnishing a personal bond and two reliable sureties required by the Court below concerned with 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 her 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 shall 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. 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 :- 17.8.2021 nishant/-