Allahabad High Court
Smt. Akila Begum vs State Of U.P. on 22 November, 2019
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51512 of 2019 Applicant :- Smt. Akila Begum Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Mr. Manjeet Mishra, learned Advocate has filed his Vakalatnama on behalf of first informant, which is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, Mr. Jitendra Singh, holding brief of Mr. Manjeet Mishra, learned counsel appearing on behalf of first informant and perused the record of the case.
By means of this application, the applicant Smt. Akila Begum, who is involved in Case Crime No. 985 of 2018, under sections 452, 323, 420, 467, 468, 471, 506, 447 and 120-B IPC, police station Baradari, district Bareilly, is seeking enlargement on bail during the trial.
Submission of learned counsel for the applicant is that main allegation against the applicant is that she along with other co-accused persons of this case have tried to grab the property of first informant after the death of his father, which was purchased during life time of his father by registered sale deed dated 14.06.1995. It is further submitted that in fact the father of first informant during his life time had executed Alan Nama/Hiba Nama in favour of applicant and Original Suit No. 246 of 2017 with regard to said property in question is also pending before the Civil Court. It is next submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is also submitted that the applicant has no criminal antecedent to her credit and is facing detention since 16.10.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, Mr. Jitendra Singh, holding brief of Mr. Manjeet Mishra, learned counsel for first informant and learned Additional Government Advocate have vehemently opposed the bail prayer of the applicant by contending that in fact the father of first informant was illeterate and he used to put his thumb impression, but the applicant by fabricating the signautures of father of first informant has grabbed the property of father of first informant. In case, the applicant is released on bail, she will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Akila Begum, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 22.11.2019 Sazia