Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39844 of 2021 Applicant :- Sampati Opposite Party :- State of U.P.
Counsel for Applicant :- Firdos Ahmad,Atul Kumar Yadav Counsel for Opposite Party :- G.A.,Azaz Ahmad Hon'ble Shekhar Kumar Yadav,J.
Counter affidavit on behalf of informant has been filed today, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State, Mr. Azaz Ahmad, learned counsel for the informant and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.232 of 2019, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Mubarakpur, District Azamgarh.
I have perused the prosecution story as set up in the impugned first information report and also the bail rejection order.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is a lady aged about 55 years and she has not committed any offence as alleged in the impugned first information report. The applicant is not named in the first information report. During investigation, the complicity of the applicant has been shown in the present case. The applicant has neither executed any sale deed nor got any benefit. He further submits that the sale deed was executed by informant in favour of one Moti Lal Vishwakarma and in the said sale deed, there was no thumb impression of the applicant nor any Aadhar Card is annexed. The said sale deed has also been cancelled by Civil Court. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the applicant have also been touched upon at length. He further submits that the applicant is having no criminal history and in case she will be released on bail, she will not misuse the liberty of bail. The applicant is in jail since 12.09.2020.
On the other hand, learned A.G.A. as well as learned counsel for the informant oppose the application for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Sampati, who is involved in aforementioned case 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.
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.12.2021/Ajeet