Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28332 of 2021 Applicant :- Neelam Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Ram M. Kaushik,Priyanka Midha Counsel for Opposite Party :- G.A.,Ankit Srivastava
Hon'ble Rajiv Joshi,J.
Heard Ms. Priyanka Midha, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the informant as well as learned A.G.A for the State and perused the 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. 0643 of 2020, under Sections- 420, 467,468, 471, 406 and 506 IPC, Police Station- Kaushambi, District- Ghaziabad, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. As per the FIR, the informant purchased certain flats from proprietorship firm known as K.W. International Holding and Rs. 40,000,00/- has been paid to the firm as loan which was subsequently not returned to him. It is further submitted that the proprietorship firm is owned by the husband of the applicant namely Rana Ranjeet Tiwari, the certificate of incorporation showing that he was the sole proprietor of the said firm is appended as annexure no. 1 to the affidavit filed in support of the bail application. It is further contended that the informant is the employee of the said proprietorship firm. It is next submitted that neither the applicant was working in the said firm nor is holding any position and the applicant has no concern with the said firm. It is further contended that the alleged money of Rs. 40,000,00/- which was given by the informant as loan has been repaid to the informant, the statement of account is appended as annexure no.6 to the affidavit filed in support of the bail application. It is also submitted that the investigation in the matter has already been completed and charge-sheet has been submitted on 30.6.2021 against both the accused. It is next submitted that the applicant is a lady and aged about 70 years and is also entitled to the benefit of Section 437 (2) Cr.P.C. The applicant is in jail since 2.4.2021 having criminal history of four cases which has been explained in paragraph no. 32 to the application and in all the cases, the applicant is already enlarged on bail by the competent court and if he is released on bail, there is no chance of her absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. as well as learned counsel for the informant has opposed the bail prayer of the applicant and submits that there is criminal history 06 cases against the applicant but only four cases has been explained and rest two criminal cases of the accused-applicant has not been mentioned/explained in the bail application, out of which in FIR No. 173 of 2017, the applicant was released on interim bail on the condition that the balance amount will be paid after her release but the applicant could not fulfil the condition as directed and subsequently, interim order passed in favour of the applicant was vacated vide order dated 8th July, 2021 passed in Bail Application No. 553 of 2017, therefore, the applicant is not entitled for any indulgence.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Neelam Tiwari who is involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 7.10.2021 Akbar