Allahabad High Court
Usha Devi vs State Of U.P. on 5 May, 2020
Equivalent citations: AIRONLINE 2020 ALL 1039
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12563 of 2020 Applicant :- Usha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
This bail application is being disposed of as per the order dated 04.04.2020 of Hon'ble the Chief Justice.
Written objection filed by Sri Awadhesh Kumar Shukla, learned AGA on behalf of the State, is taken on record.
Allegation in the first information report is that the informant is the owner of M/s Al-Mansha Trade Marts Pvt. Ltd., Gangoh, District Saharanpur and as per the informant the accused persons who were owners of the firm M/s Black Diamond Foods Pvt. Ltd., situated at Sector A-9 Narela City Near Gas Godwon Delhi were into exporting processed meat as such the informant agreed to buy wastage of buffalo from the firm of the accused persons and lieu of the same he transferred Rs.1 Crore 40 Lacs in the bank account of M/s Black Diamond Foods Pvt. Ltd., out of which 40 lacs were transferred on 28.11.2016 and 1 Crore was transferred on 05.01.2015 but despite receiving the amount the wastage of buffalo was not supplied to the informant neither the amount of Rs.1 Crore 40 Lacs was returned. The applicant is one of the Directors of M/s Black Diamond Foods Pvt. Ltd.
From the material on record, it appears that the transfer of 1 Crore 40 lacs between parties had taken place in the year 2016-17 and first information report has been lodged on 15.08.2019. Dispute between the parties is regarding commercial transaction and contractual in nature and it is a question of fact whether the alleged goods were supplied to the informant or not in lieu of the money allegedly paid by him. The proper remedy for the informant was on the civil side and he has resorted to criminal remedy of first information report, allegations whereof cannot be presumed to be gospel truth at this stage. The applicant is in jail since 24.02.2020 and it has been averred in para 37 of the affidavit filed in support of the bail application that she has no criminal antecedents.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Usha Devi, who is involved in Case Crime No.629 of 2019, under Sections 420, 406, 467, 471, 120-B I.P.C, Police Station- Gangoh, District- Saharanpur, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The applicant will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.5.2020 SS