Criminal Misc. Bail application filed by Ansho Devi and two others against the State of U.P. in Case Crime No. 214 of 2017. Court allowed bail on furnishing personal bond and two local sureties, referencing the bail grant to a co-accused for parity.
Applicants released on bail by furnishing a personal bond and two local sureties each of like amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3346 of 2021
Applicant :- Ansho Devi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge him on bail in Case Crime No.214 of 2017, under Sections 406, 420, 467, 468, 471, 420-B IPC, Police Station Hari Parvat, District Agra.
Learned counsel for the applicants submits that according to the F.I.R. the 11 named persons including applicants by using forged documents impersonated the money entitled to the SC/ST castes. He further submits that the applicants were eligible for grant of Rs.25,000/- under the Government Scheme. He further submits that the case of the applicants are at par with the co-accused Jitendra Singh, who has been enlarged on bail by co-ordinate Bench of this Court vide order dated 22.04.2020 in Criminal Misc. Bail Application No.11538 of 2020 therefore, the applicants are entitled for bail on the ground of parity. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 04.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused has already been released on bail.
Considering the facts and circumstances of the case as well as 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 applicants are entitled for bail, let the applicantAnsho Devi, Hotam Singh & Inderawati involved in aforesaid case crime be released on bail on his/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 :-
(i) The applicants shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants 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 him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 for cancellation of bail.
Order Date :- 19.1.2021 Zafar
1 issue framed by the court
Whether the applicants are entitled to be released on bail in a case involving forgery and cheating charges.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No.11538 of 2020Relied on¶7
5 provisions across 2 enactments
Ansho Devi And 2 Others
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
