Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32457 of 2021 Applicant :- Phoolkali Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 113 of 2021, under Sections 304, 328, 272 IPC & Section 60/63 Excise Act, Police Station - Handia, District - Prayagraj with the prayer to enlarge the applicant on bail.
The FIR was lodged on 19.03.2021 under the aforesaid Sections of the IPC and Excise Act against the present applicant and others and the allegation was that they were found indulging in illegal sale of liquor and the liquor was manufactured with urea, nausadar etc. and five kilograms of urea and nausadar weighing 500 grams along with Rs. 41,200/- were recovered and seven accused persons were arrested.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is submitted that the present applicant is lady and she deserves bail on the ground of parity with co-accused namely Dileep Patel, Brijesh Kushwaha, Vinay Patel, Vimlesh Devi @ Nanachi who have already been granted bail in criminal bail applications and their orders are taken on record of this bail application. The learned counsel for the applicant submits that the role assigned to the present applicant is similar to the role assigned to co-accused who have already been granted bail, thus, the present applicant also is entitled to bail. Lastly, it is argued that the applicant is in jail since 19.03.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the ground of parity of the applicant with other co-accused already granted bail.
Keeping in view the submission of learned counsel for the parties, considering the ground of parity, period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Phoolkali involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to 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 his 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 may 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.
Order Date :- 24.12.2021 LBY