Allowed

Smt. Prameela v. State of U.P.

Allahabad HC20 Jul 2021BAIL/20237/2021

Case brief

AI extract

What is this about?

This single-bench order grants bail to the applicant in a criminal case involving IPC offences and an Ordinance. The court releases the applicant on personal bond and sureties subject to specific conditions regarding appearance, witness tampering, and trial proceedings.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two local sureties subject to conditions including undertaking not to tamper with witnesses and presence in court.

Smt. Prameela Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20237 of 2021

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Applicant :- Smt. Prameela Opposite Party :- State of U.P. Counsel for Applicant :- Mansa Singh,Dhirendra Kumar,Gaurav Tiwari,Rajendra Kumar Pandey,Ulajhan Singh Bind Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.103 of 2021, under Section 395, 412, 323, 504, 420, 506 IPC and 4 Deh Vyapar Rok Tham Adhiniyam, P.S. 24, Noida, Gautam Budh Nagar.

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Learned counsel for the applicant submits that according to FIR version, against four unknown persons FIR was lodged. Applicant is not named in the FIR. He further submits that on the basis of mobile number, applicant, co-accused Smt.Sharifa Khatoon & Divyansh and other co-accused have been falsely implicated in this case. He also submits that co-accused Smt. Sharifa Khatoon and Divyansh have been enlarged on bail in Criminal Misc. Bail Application Nos.19358 and 17732 of 2021 vide orders dated 19.05.2021 and 03.06.2021 respectively. Applicant has no criminal history. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and applicant is languishing in jail since 17.02.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of co-accused on bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Smt.Parmeela involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his 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.

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(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.

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(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 him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 20.7.2021 MAA/-

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Digitally signed by Justice Ali Zamin Date: 2021.07.20 19:15:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Smt. Prameela v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Prameela v. State of U.P.

Case brief

What is this about?

What did the court decide?

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