In a bail application regarding purchase of land alleged to be cheating, the High Court granted bail to Baby Aksha despite lawyer strike and State opposition, relying on precedent noted at paragraph 10 and considering her lack of antecedents.
Baby Aksha released on bail executing personal bond with two sureties.
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. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34709 of 2019
Applicant :- Baby Aksha Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
As there is strike of lawyers, no one has appeared on behalf of the applicant to argue the bail application. However, Sri Mohammad Iliyas, husband of the applicant who is also Parokar of the affidavit accompanying the bail application has appeared in person.
Heard Sri Mohammad Ilyas on behalf of the applicant in person, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 496 of 2018, under Sections 420, 467, 468 and 471 I.P.C., P.S. Kotwali Jalaun, district-Jalaun, is seeking enlargement on bail during the trial.
It has been alleged in the first information report that the applicant, Baby Aksha has purchased a land from the other coaccused. The applicant is the bonafide purchaser of the land. Applicant is a lady and she is having a small kid of one and half years old. She has not committed any offence and has been falsely implicated in the present case due to some ulterior motive. Similarly placed other co-accused Ramgulam has already been enlarged on bail by this Court by order dated 2.7.2019 passed in Criminal Misc. Bail Application No. 26222 of 2019, copy of bail order produced by Parokar of the case is taken on record. The applicant who is in jail since 16.8.2019 and has no criminal antecedents to her credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Baby Aksha be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 496 of 2018, under Sections 420, 467, 468 and 471 I.P.C., P.S. Kotwali Jalaun, district-Jalaun subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Order Date :- 5.9.2019 Faridul
2 issues framed by the court
Whether the applicant, Baby Aksha, a lady with a young child and no criminal antecedents, is entitled to enlargement on bail in a cheating case despite the State's opposition.
Whether the bona fide purchaser status and false implication of the applicant justify granting bail under Sections 420, 467, 468 and 471 IPC.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶10
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
1 provisions across 1 enactments
Baby Aksha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
