Smt. Kusuma Devi @ Kusuma Devi Mishra v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14865 of 2023 Applicant :- Smt. Kusuma Devi @ Kusuma Devi Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shraddha Tripathi,Ram Ji Trivedi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant is a lady and has been falsely implicated in the instant case as well as in one another case mentioned in the gang chart. In that case she has been enlarged on anticipatory bail. The bail order is on record as Annexure No. 3 to the bail application. Apart from the case mentioned in the gang chart, there is no other case pending against the accused applicant. It has been further submitted that applicant is in jail since

30.11.2023 and if facility of bail is granted, there is no apprehension that she will flee from the judicial process and she will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Considering the facts and circumstances of the case, and also considering the nature of allegations and the fact that applicant is a lady, arguments advanced by learned counsel for the parties, for the period for which she is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Smt. Kusuma Devi @ Kusuma Devi Mishra involved in Case Crime No.0428 of 2023, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station -Ganga Ghat District -Unnao 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 with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) 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.

(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that she will not indulge in any case for or misuse the liberty of bail.

(vi) 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.

(vii) 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. Order Date :- 16.12.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench