Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49969 of 2019 Applicant :- Nirmata Kaur Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appeared on behalf of the State.
The applicant- Nirmata Kaur wife of Jagjeet Singh resident of Katra Karmveer Singh Gali Kamboj House No. 213 A Police Station Galwari Gate, District Amritsar (Punjab) was involved along with her husband Jagjeet Singh in theft cases of the goods which belongs to the passengers travelling by different trains. The husband of the applicant Jagjeet Singh is the master mind and the leader of the gang who also use the poison in eatables namely biscuits etc. by providing the same to the passengers who become unconscious after eating the poisonous eatable.
In the first information report, it is categorically mentioned that the husband of the present applicant is involved in the Zeher Khurani.
Considering the facts of the case and that the applicant is a lady and is in jail since with effect from 02.11.2018 and after taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicant Nirmata Kaur be released on bail in Case Crime No 63 of 2018, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Najibabad, District Bijnor on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court 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 his 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.
It is made clear that whenever the bail application of the husband of the applicant Jagjeet Singh will came up for consideration, learned A.G.A. will point out that the facts are different to the case of the present applicant and that the husband is master mind of the crime.
Order Date :- 25.11.2019 SK Srivastava