Allahabad High Court
Smt. Rajni vs State Of U.P. on 10 October, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:195422 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42853 of 2023 Applicant :- Smt. Rajni Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Heard Mr. Jitendra Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present first bail application has been filed on behalf of the applicant in Case Crime No. 151 of 2023, under Sections 323, 504, 506 and 313 I.P.C., Police Station- Baniyather, District- Sambhal with the prayer to enlarge her on bail.
3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Counsel for the applicant contends that the applicant is a lady and has been falsely implicated in the present case. As per the first information report, four persons are alleged to have assaulted the informant. There is no recovery of gold nose ring and chain which are said to have been fell down somewhere during the marpeet. No specific role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the injuries to the informant. It is next contended that there is no opinion of the Doctor that the miscarriage of the unborn child was caused due to the alleged incident dated 07.06.2023. The applicant is languishing in jail since 03.08.2023 having no criminal history. It is lastly submitted that since the role of the present applicant is identical to that of co-accused-Smt. Kamlesh, who has already been enlarged on bail, the present applicant is also entitled to be enlarged on bail on the ground of parity and if she is granted the liberty of bail she will not misuse the same and she is ready to furnish her sufficient sureties, bonds and personal bonds.
4. On the other hand, learned AGA has vehemently opposed the prayer for bail but could not controvert the fact that identically situated co-accused has been enlarged on bail.
5. Considering the fact that the applicant is a lady and has remained confined for more then two months, there is no recovery of gold nose ring and chain which are said to have been fell somewhere during the marpeet, no specific role has been assigned to the applicant, the applicant has not been nominated as the principal offender who caused the injuries to the informant coupled with the fact that identically situated co-accused Smt. Kamlesh has been enlarged on bail and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.
6. Let applicant Smt. Rajni be released on bail in the above case crime number and 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 his 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.
(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that she will not change her address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 10.10.2023 Vikram