Allahabad High Court
Smt. Vandana Mishra vs State Of U.P. on 30 May, 2020
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 2958 of 2020 Applicant :- Smt. Vandana Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
As per the guidelines laid down by the High Court, the urgent bail applications have been directed to be heard through video conferencing. Learned counsel for the applicant had made an application for urgency which was placed before the Court concerned and it has been allowed and it is in this fashion that the aforesaid bail application has been placed before this Court.
The Court has heard Shir Ashish Raman Mishra, learned counsel for the applicant and Shri Ajay Kumar Singh Tomar, learned AGA via video conference.
The submission of the learned counsel for the applicant is that the applicant has been a fair price shop licence holder and has been running her shop since 2007. There has never been any complaint against her. For the first time in the year 2018 under the political pressure, a complaint was lodged, which resulted in lodging of an FIR. Upon investigation, no wrongdoing was found and ultimately a final report was filed by the investigating agency. Once again, the licence of the applicant was restored and she started her work of distributing the grains. On account of political pressure, once again, a complaint was made against the applicant and in pursuance thereof her licence was suspended in the month of October, 2019. While the applicant had filed her reply to the show cause and was making efforts to seek the restoration of her licence, however, four months thereafter, the instant FIR under Sections 409 and 120-B IPC along with Section 3/7 of the Essential Commodities Act was lodged against the applicant and she has been in jail since 20.04.2020.
Learned counsel for the applicant has further submitted that she is a lady having five minor children and there is no criminal history. The applicant is already pursing remedy since her licence of the fair price shop has been cancelled. However, only to deter her from pursuing remedies, the instant FIR has been lodged and as such it is prayed that the applicant be shown indulgence by the Court.
Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid submissions.
Considering the rival submissions of the parties as well as the material available on record and noticing the nature of accusation against the applicant, the severity of the punishment as well as the fact that the matter is yet to be tested in trial and only if the material evidence is proved beyond reasonable doubt against the applicant can he be convicted, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Smt. Vandana Mishra involved in Case Crime No.113/2020, under Sections 3/7 Essential Commodities Act and Section 409 and 120-B IPC, Police Station Kotwali Bhinga, District Shrawasti be released on bail on her furnishing a personal bond to the satisfaction of the Jail Authorities where said accused is imprisoned, provided the accused applicant/s shall also undertake to furnish two reliable sureties required by the court concerned, within a period of 6 weeks from the date of her actual release.
At the time of executing required sureties the following conditions shall be imposed in the interest of justice.
(i) 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. 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her 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 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, then, the trial court shall initiate proceedings against her, 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 her in accordance with law.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(vii) 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.
The registry of this Court has pointed out certain defects. Learned counsel for the applicant has given undertaking, who shall cure the same soon after the COVID-19 Pandemic ends. In this regard, the High Court has framed certain guidelines in terms of Circular dated 14.04.2020. The relevant portion thereof reads as under:-
"2. However, during the lock down period, the requirement of an affidavit/e-affidavit/scanned Notary Affidavit shall not be mandatory in the case of BAIL APPLICATIONS and ANTICIPATORY BAIL APPLICATIONS. In lieu thereof, Counsel shall have to submit, in the e-filed petitions, the Adhar Card Number, full details of the card holder like name, parentage, age and address, as also the mobile number linked to the adhar card, of the person wanting to act as the deponent in the matter along with a declaration of that applicant/petitioner/pairokar affirming the correctness of the disclosures and averments made in the application/petition. In case of civil matters, a prayer for dispensing with the requirement of filing an affidavit may be made along with the urgency application which shall also be considered simultaneous with the issue of urgency.
3. This waiver or relaxation is subject to a proper affidavit being filed, in hard copy, within a period of 15 days from the date the lock down is lifted. No further time shall be granted for the purpose. In case a proper affidavit is not filed as specified above, the said case shall stand dismissed automatically and any order passed therein, shall stand recalled, without any reference to the Court. A communication, in this regard shall be sent by the Registry to the Court(s) below/authorities concerned, forthwith for consequential action."
The aforesaid order passed by this Court shall be subject to compliance of the aforesaid guidelines of the aforesaid Circular dated 14.04.2020.
Order Date :- 30.5.2020 Rakesh/-