Court allowed bail application filed by Smt. Kaushalya Devi accused of cheating and forgery. Bail was granted on ground of parity with a co-accused already released with conditions to furnish bond and sureties.
Applicant released on bail by furnishing personal bond and two reliable sureties with specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29893 of 2019
Applicant :- Smt. Kaushalya Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
By means of this application, the applicant who is involved in Case Crime No. 1090 of 2017, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Cantt., District Gorakhpur and is in jail since 23.05.2019, is seeking enlarged on bail during trial.
The contention of learned counsel for the applicant is that as per the allegations made in the F.I.R. the applicant has committed fraud against the complainant and had taken about Rs. 17,70,000/- from the complainant and has executed forged sale deed in favour of the complainant. When the complainant visited the place where the alleged property was situated, he came to know that the applicant had cheated her and fraud had been committed by the applicant. He further submitted that similarly place co-accused Nagendra Singh has been granted bail by another Bench of this Court vide order dated 24.01.2019 passed in Criminal Misc. Bail Application No. 45945 of 2018 and has deposited Rs.2,90,000/- in the bank account of the complainant's husband and he will pay Rs. 2,00,000/- at the earliest after his released and he will manage the payment of balance amount within 6 to 8 months. He further submitted that since the role of the applicant is identical to that of co-accused Nagendra Singh, who has already been enlarged on bail, the applicant being a lady of the age of 50 years, is also entitled to be enlarged on bail on the ground of parity.
Learned counsel for the complainant has received the bank draft of Rs. 1,25,000/- on behalf of the complainant and has given endorsement the bank draft will be paid by the counsel to the complainant. Photostat copy of the bank draft is taken on record.
The prayer for bail has vehemently been opposed by learned A.G.A. He does not dispute the factum of parity.
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.
Accordingly, the bail application stands allowed .
In view of the above, let the applicant, Smt. Kaushalya Devi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 17.9.2019 Abhishek Singh
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has already been granted bail.
Whether conditions of personal bond and sureties are sufficient to secure applicant's release.
7 provisions across 1 enactments
Smt. Kaushalya Devi
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
