Smt. Asha Devi v. State of U.P. Thru. Its Secy. Ministry of Home Affairs Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13542 of 2023 Applicant :- Smt. Asha Devi Opposite Party :- State Of U.P. Thru. Its Secy. Ministry Of Home Affairs Lko. Counsel for Applicant :- Uma Shanker Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri Abhishek Singh, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.152 of 2023 under sections 3(1) of U.P. Gangster Act, Police Station Khandasa District Ayodhya.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. He is not a member of any criminal gang. As per the gang chart, only one case has been shown against the applicant in which the applicant has been enlarged on bail, a copy of which has been annexed as Annexure no.3 to the affidavit filed in support of the bail application. He has explained the criminal history of three cases satisfactorily in para-9 to the affidavit filed in support of the bail application. It has been submitted by learned counsel for the applicant that the co-accused Rahul Tiwari has already been granted bail by coordinate Bench this Court vide order dated 28.10.2023 passed in Criminal Misc. Bail Application No.12635 of 2023. Lastly, it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner. The applicant is in jail since 09.08.2023.

¶4Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the co-accused Rahul Tiwari has been granted bail by this Court.

¶5Considering the submissions of learned counsel for the parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart, the argument of incarceration period in jail since 09.08.2023, the argument that one case shown in the gang chart in which has been granted bail and considering the criminal history of three cases which has been satisfactorily explained in para-9 of the affidavit filed in support of the bail application, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with as well as the fact that co-accused Rahul Tiwari has already been granted bail by this Court, therefore, he is entitled to be released on bail.

¶6Let the applicant, namely, Smt. Asha Devi, be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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 of the Indian Penal Code.

(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. is issued and 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 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. It is made clear that the observations made in this order are 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. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 9.11.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench