Single judge allowed bail to the applicant in a criminal appeal case involving allegations of theft, cheating, and robbery. The court imposed conditions regarding attendance and undertakings to avoid abuse of liberty.
Released on bail on furnishing a personal bond and two sureties with specific conditions regarding court attendance and prosecution for absence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13501 of 2018
Applicant :- Smt Shabana Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that accused applicant has falsely been implicated in the present case due to mala fide intention with the first informant. It is further submitted that the applicant is very poor lady. Entire recovery memo is totally false and baseless. The accused applicant is languishing in jail since 6.5.2015. It is next submitted that the applicant is neither a previous convict nor she has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, namely, Smt Shabana, involved in Case Crime No.109 of 2015, under Sections 420, 467, 468, 379, 411 IPC, Police Station Gagalhedi, District Saharanpur, 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 which are being 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 her 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.
Order Date :- 12.4.2018 Anupam S/-
2 issues framed by the court
Whether the applicant is entitled to be released on bail considering the allegations of false implication and mala fide intention.
Whether the conditions of bail can be imposed to prevent absence during trial and potential abuse of liberty.
3 provisions across 2 enactments
Smt Shabana
Rekha Dikshit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
