Smt. Shila Devi and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48386 of 2023 Applicant :- Smt. Shila Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Mohammad Waseem, learned counsel for the applicant, Sri Pankaj Kumar, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 547 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Cantt., District Varanasi, during the pendency of trial.

¶4As per prosecution case, the applicants were apprehended for breach of peace under Section 111 and 112 Cr.P.C. as such the co-accused persons are stated to have appeared as sureties of the applicants.

¶5Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize them. Learned counsel for the applicants has stated that the applicants are ladies and have nothing to do with the said offence. The applicants were in jail at the time of furnishing of the sureties. The applicants are not named in the F.I.R. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicants are languishing in jail since 02.07.2023. In case, the applicants are released on bail, they will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

¶8Let the applicants-Smt. Shila Devi and Raj Kumari, who are involved in aforementioned case crime be released on bail on their 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 not tamper with evidence.

(ii) 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 him in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. Order Date :- 9.11.2023 Manoj High Court of Judicature at Allahabad