Allahabad High Court
Smt. Tarawati vs State Of U.P. on 8 May, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:98703 Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20303 of 2023 Applicant :- Smt. Tarawati Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application for bail has been filed seeking bail in Case Crime No.918 of 2022, under sections 363, 370, IPC, Police Station Uttar, District Firozabad.
Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motives. The applicant was not named in the FIR and she was arrested after three months from the date of lodging FIR. There is no public/independent witness of the recovery of the victim. There are contradictions in the statement of the victim recorded under section 161 Cr.P.C. and 164 Cr.P.C. Criminal history of the applicant of two cases have been explained in para-16 of the affidavit filed in support of bail application and in both the cases applicant was enlarged on bail vide order dated 03.10.2016 and 11.02.2014. It is submitted that applicant is ready to furnish the security to the satisfaction of the court concerned. The applicant is languishing in jail since 29.10.2022 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
On the other hand, learned AGA has opposed the prayer for bail and submitted similar nature of cases has been registered against the applicant, hence applicant is not entitled for bail.
Considering the facts and circumstances of the case and taking into account that applicant was not named in the FIR and she was arrested after three months from the date of lodging FIR, there is no public/independent witness of the recovery of the victim, there are contradictions in the statement of the victim recorded under section 161 Cr.P.C. and 164 Cr.P.C., applicant has criminal history of two cases and in both the cases he has been enlarged on bail, applicant is languishing in jail since 29.10.2022, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Smt. Tarawati be released on bail in the above case crime number on his 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 he 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 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.
(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 him, 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 him 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 he will not change his address without prior intimation to the trial court concerned.
It is made clear that if the applicant is found involve in similar nature of cases in future, her bail shall automatically cancelled and the court concerned has liberty to take coercive action against the applicant.
(Renu Agarwal,J.) Order Date :- 8.5.2023 VKG