Allahabad High Court
Smt. Kalawati vs State Of U.P. on 1 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2059 of 2022 Applicant :- Smt. Kalawati Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Heard Sri Ram Krishna Chaurasia, learned counsel for the applicant and Sri Shravan Kumar Ojha, learned AGA appearing for the State of U.P. This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Smt. Kalawati for seeking bail in Case Crime No. 196 of 2020, under Sections 467, 468, 471, 120B, 504, 506 IPC registered at Police Station-Atarra, District-Banda.
The bail application of the applicant has been rejected by the court below, on 22.12.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one Bhajan before Police Station-Atarra, District-Banda being FIR No. 0196 of 2020 on 17.10.2020 under above noted sections against the applicant, one nominated accused and one unknown person with an allegation that the complainant happens to be the resident of Teraba and when he had gone to his agricultural field, then he came to know that one of the named co-accused Ramsiya had got the sale deed executed with respect of the said piece of land in favour of wife of his brother-in-law and the applicant herein fraudulently also got the name registered in the revenue records and when pressure was been exerted to deliver the possession of the said land to the applicant, the same was resisted. Learned counsel for the applicant has sought to argue that the present case is nothing but a civil dispute wherein proper and appropriate remedy is to avail the remedy as available under common law. Learned counsel for the applicant has argued that she has been falsely implicated in the case and roped in without there being any justification particularly in view of the fact that she was totally unaware of the aforesaid incident. Learned counsel for the applicant has further drawn the attention of the Court towards Paragraph no. 12, so as to contend that she has a daughter of two years old and further while referring to Paragraph no. 13, so as to contend that the applicant does not possess any criminal history and thus she is unnecessary languishing in jail since 02.12.2021. Learned counsel for the applicant has drawn the attention of the Court towards order dated 02.02.2022 passed in Criminal Misc. Bail Application No. 1421 of 2022 (Ramsiya vs. State of U.P.) wherein the co-accused has been granted bail.
Countering the said submissions learned AGA for the State has opposed the bail while arguing that the applicant has committed offence and there being without any legal authority, the sale deed was sought to be executed in this regard. Learned AGA could not dispute the fact that the applicant does not possess any criminal history and further the fact that the co-accused Ramsiya has been enlarged on bail.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, prima facie this Court finds that this is a fit case for grant of bail, as the applicant does not possess any criminal history, further the fact that the co-accused has already be granted bail and further she is unnecessary languishing in jail since 02.12.2021, looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.
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.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Smt. Kalawati involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 1.4.2022 Vik/-