Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51910 of 2019 Applicant :- Smt. Sushila Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Smt. Sushil Devi, who is involved in Case Crime No. 332 of 2018, under sections 387, 420, 467, 468, 471, 504, 506 IPC, police station Kotwali, district Kanpur Nagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive because on 27.03.2018, she has lodged first information report registered as Case Crime No. 0051 of 2018, under sections 328, 376, 420 and 506 IPC, police station Kidwai Nagar, district Kanpur Nagar against the informant Irshad Akhtar, Samar Singh and Karan Singh and two unknown persons. Thereafter, Irshad Akhtar has lodged the impugned first information report dated 09.11.2018 against the applicant Smt. Sushila Devi and two other co- accused persons making false allegation that they have extracted an amount of Rs. 10,70,000/- from him under the garb of notorial agreement to sell. It is further submitted that as per contents of first information report itself, it is apparent that mode of payment has not been disclosed by the informant. It is also submitted by learned counsel for the applicant that the allegations made in the first information report are false and concocted. The present first information report is counter blast to the first information report dated 27.03.2018 lodged by the applicant. It is also submitted that the applicant has no criminal antecedent to her credit and is facing detention since 26.12.2018. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, she will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Sushila Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Sazia