Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20136 of 2021 Applicant :- Sukh Jaan @ Roshani Opposite Party :- State of U.P.
Counsel for Applicant :- Hare Ram Pandey,Ravindra Pratap Singh,Shravan Kumar Singh,Varun Shankar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Hare Ram Pandey, learned counsel for the applicant and learned A.G.A for the State through video conferencing mode.
A first information report was lodged as Case Crime No.103 of 2021 at Police Station- Sector 24 Noida District- Gautam Buddh Nagar on 16.02.2021 under Sections 395, 412, 323, 420,504,506 IPC and Section 4 of the Deh Vyapar Rok Tham Adhiniyam.
The bail application of the applicant was rejected by learned Additional Sessions Judge first, Gautam Buddh Nagar on 16.03.2021.
The applicant is in jail since 17.02.2021, pursuant to the said F.I.R.
Sri Hare Ram Pandey, learned counsel for applicant contend that the applicant was not named in the FIR. She is a lady. The applicant has been falsely implicated in the instant case. It is also contended that the applicant is on the family way. The applicant does not have any criminal history. Lastly it is submitted by Sri Hare Ram Pandey, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merits in the submissions of Sri Hare Ram Pandey, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Sukh Jaan @ Roshani be released on bail in Case Crime No.103 of 2021 at Police Station- Sector 24 Noida District- Gautam Buddh Nagar registered on 16.02.2021 under Sections 395, 412, 323, 420,504,506 IPC and Section 4 of the Deh Vyapar Rok Tham Adhiniyam, on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant shall remain present before the trial court on each date fixed, either through her counsel or personally as and when directed by the learned trial court. In case of her absence, without sufficient cause, the trial court may proceed against him in accordance with law.
(ii) 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 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.
(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure her presence may issue a proclamation under Section 82 Cr.P.C. In case 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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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 :- 20.5.2021 Ashish Tripathi Digitally signed by Justice Ajay Bhanot Date: 2021.05.23 17:44:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad