Allahabad High Court
Chandni Shukla Alias Chandni vs State Of U.P. Thru. Prin. Secy. Home U.P. ... on 21 January, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:3859 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 216 of 2025 Applicant :- Chandni Shukla Alias Chandni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Prashant Shukla,Anil Kumar Tripathi,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Counter affidavit filed today by learned counsel appearing for the Nagar Palika Parishad, Gonda is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, Shri A.K. Tripathi along with Shri Raghvendra Singh, learned counsels appearing for theNagar Palika Parishad, Gonda and perused the record.
The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail during the trial in Case Crime No. 841 of 2024, under Sections 419,420,447,467,468,471,120B IPC & Section 4 of P.D.P.P. Act, Police Station- Kotwali Nagar, District- Gonda.
Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He further submits that as per the prosecution story, it is alleged that the present applicant in collusion with one of the co-accused Brijesh Kumar Awasthi in order to grab the house bearing No. 1126 situated nearby Kachahri Railway Station, Civil Line, Gonda got prepared a forged deed on 100 rupees notarized affidavit in her name and thus, she committed cheating/fraud. It is contended that the applicant is a purchaser of the house in question. He next submits that the name of the co-accused Brijesh Kumar Awasthi was also entered into the revenue record prepared by the Nagar Palika Parishad, Gonda for the assessment term of 2006-07 and 2010-11 and the tax was also paid. He next added that the applicant was under the impression that theco-accused Brijesh Kumar Awasthi is the owner of the house in question and she has got prepared a deed by which the possession is shown to be transferred in her name. He added that in fact, there is no mens rea to commit cheating/fraud and the present applicant was having bonafide possession over the house in question, though subsequently the same was demolished without serving any notice upon the applicant. Further submitted that the present applicant herself is a victim and she has committed no offence. He also submits that the applicant has a case criminal history which has been explained in the bail application and she is a woman and is languishing in jail since 23.11.2024. Further submitted that the applicant undertakes that in case, she is granted bail, she will not misuse the liberty of the same and would cooperate in the trial proceedings.
On the other hand, Shri A.K. Tripathi, learned counsel appearing for the Nagar Palika Parishad, Gonda has opposed the contentions aforesaid and submits that the vendor was not the owner of the house in question and the applicant in collusion with the transferrer had got executed a deed in her favour and obtained possession over the house in question by committing cheat/fraud and preparing a forged document. He further added that the applicant has a case criminal history and she has committed the aforesaid offence in collusion with the co-accused Brijesh Kumar Awasthi against whom 56 cases are registered and thus, submission is that the applicant is not entitled for bail.
Learned AGA appearing for the State has supported the contentions of the learned counselappearing for the Nagar Palika Parishad, Gonda and submits that there is ample evidence against the applicant that she has committed cheating/fraud and there is a case criminal history of the applicant and thus, she is not entitled for any relief.
Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is a woman and is languishing in jail since 23.11.2024; at the time of the preparation of deed, the house in question was registered in the name of the co-accused Brijesh Kumar Awasthi and the present applicant seems to be a bonafide purchaser of the same; only the possession was transferred in the name of the applicant and no sale deed was executed; there is a case criminal history of the applicant, which has been explained in the bail application coupled with the fact that the applicant has undertaken that if she is granted bail, she will not misuse the liberty of the same and would cooperate in the trial proceedings.
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.
Let the applicant- Chandni Shukla @ Chandni involved in the aforementioned crime 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, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. She 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;
(3) 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.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 21.1.2025 Shravan