Allahabad High Court
Rita Devi vs State Of U.P. on 3 July, 2024
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:107456 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46088 of 2023 Applicant :- Rita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Kumar Sharma,Pavan Kishore Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav, J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.
2. By means of this application, the applicant is seeking enlargement on bail in Case Crime No.154 of 2023, under Sections 302, 120B, 34 IPC and 3/25/27 Arms Act, Police Station Adalhat, District Mirzapur.
3. Submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. There is no direct or indirect evidence against the applicant even the applicant is not named in the FIR. Further submission is that during investigation, the investigating officer was found that there was some illicit relation of the applicant with co-accused Satish Singh, therefore, due to this reason the applicant has been implicated. Further submission is that co-accused, namely, Satish Singh and Pardeshi Sahni @ Sonu @ Chhedan have been granted bail by another co-ordinate Bench of this Court by orders dated 26.10.2023 and 12.09.2023 passed in Criminal Misc. Bail Application Nos.44954 and 38214 of 2023, copy of the bail orders has been annexed as Annexure No.10 to the affidavit filed in support of bail application. Further submission is that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 14.07.2023 having no previous criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.
5. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
6. Let the applicant-Rita Devi, involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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 her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 3.7.2024/Ajeet