Allahabad High Court
Smt. Ramwati Awasthi vs State Of U.P. on 3 November, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31772 of 2020 Applicant :- Smt. Ramwati Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar,A Kumar Srivastava Counsel for Opposite Party :- G.A.,Madhur Prasad,Malay Prasad Hon'ble Neeraj Tiwari,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Anil Kumar Srivastava, learned counsel for the applicant, Sri Malay Prasad, learned counsel for the informant and learned A.G.A. for the State.
The allegations in the FIR are that the son of the applicant was employed as an agent in the company in the name and style of "Biomass Research and Technical Solution Private Limited" and "Promios Life Science & Animal Health Care Products Pvt. Ltd." It is further alleged that the applicant constituted a Partnership Firm in the name and style of M/s. Biomass Research and Technical Solution Pvt. Ltd. The applicant is one of the partner of the aforesaid Partnership Firm along with her son Shri Sumit Awasthi, who is one of the co-accused in the FIR. The allegation against the applicant and the co-accuseds are that by forming Partnership Firm almost in the same name, the co-accused, Sumit Awasthi, who was agent of the company of the informant, collected money of the goods supplied on behalf of the company of the informant but he did not deposited the amount collected from the customers in the account of the company of the informant. He deposited the amount in the Account of his almost similarly named Partnership Firm and thereby misappropriated the amount, which belonged to the company of the informant and was collected by Shri Sumit Awasthi while working as its agent.
Learned counsel for the applicant has argued that while the applicant and other co-accuseds are in jail the informant has got all their accounts seized and all the immovable property seized too including the properties belonging to the married and unmarried daughters of the applicant in proceedings under the Gangster Act. He has further argued that the applicant is a senior citizen and is in jail since 19.8.2015. She has been implicated on similar allegations in about 30 cases out of which she is named in 24 cases. She has been released in 22 cases. He next submitted that some of the F.I.Rs. have also been lodged by same complainant i.e. Avanish Sharma in which she has also been released on bail. He also submitted that one similar nature case was also registered by same complainant Avanish Sharma at Sonipat, Haryama in which bail application was rejected. The applicant approached the Apex Court and the Apex Court released the applicant on bail vide order dated 10.09.2020 passed in Special Leave to Appeal (Crl.) No.(s) 1039 of 2009 which is quoted below:-
"Having heard learned counsel appearing for the parties, we are of the view that the High Court is wrong in not granting bail to the petitioner. We have further been told that out of 24 cases against her, she is out on bail in 22 of them. We, therefore, think that this is a fit case in which bail ought to have been granted which is now granted, subject to the usual conditions to be imposed by the trial court.
The Special Leave Petition stands disposed of.
Pending applications also stand disposed of."
Sri Malay Prasad, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the prayer for bail and submitted that in the present bail application affidavit has been sworn by Vandana wife of Anand Kumar Chakra, daughter of Smt. Ramwati Awasthi who is absconder in many other criminal cases. He further submitted that applicant has assaulted the complainant and an FIR has been lodged and investigation is still pending, but he could not dispute the fact that in other similar nature cases lodged by same complainant Avanish Sharma, the applicant has already been released on bail in many of the cases. He also could not dispute this fact that she had already been enlarged on bail in 22 cases.
In rejoinder arguement, learned counsel for the applicant submitted that neither deponent Vandana is named nor having concern in present case.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Smt. Ramwati Awasthi, involved in Case Crime No. 52 of 2019, under Sections- 420, 406, 120B I.P.C., Police Station- Barra, District- Kanpur Nagar, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
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. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
5. In case, the applicant misuses the liberty of bail 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 him, in accordance with law, under Section 174-A of the Indian Penal Code.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. 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 his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.11.2020 Rmk.