Allowed

Smt. Shiba v. State of U.P.

Allahabad HC5 Jul 2022BAIL/20123/2022

Case brief

AI extract

What is this about?

Single judge allowed bail application filed by Smt. Shiba accused in crime No. 107 of 2022 for enticement under Sections 363, 406, 506 IPC. The court found a prima facie case for bail considering general role assigned, detention period, and lack of misuse despite proceedings delay in FIR.

What did the court decide?

Release on bail furnishing personal bond and two local sureties subject to specific conditions regarding attendance and conduct.

Smt. Shiba Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 77

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20123 of 2022

¶3

Applicant :- Smt. Shiba Opposite Party :- State of U.P. Counsel for Applicant :- M.C. Singh,Dushyant Singh,Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Vishnu Pratap Pandey

¶4

Hon'ble Ajit Singh,J.

¶5

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

¶6

The present bail application has been filed by the applicant in Case Crime No. 107 of 2022, under Sections 363, 406, 506, 34 IPC, Police Station - Ecotech - 3, District - Gautam Budh Nagar with the prayer to enlarge the applicant on bail.

¶7

The First Information Report of this incident was lodged by the complainant about enticement of her daughter on 21.02.2022 at about 3:00 P.M. and it was alleged that the accused persons namely Adeeba, Saba, Shiba (the applicant) and Mujammil have enticed away the daughter of the complainant. It has also been mentioned in the FIR that the present accused and her sister Adeeba are neighbours of the complainant and they used to mislead the complainant's daughter against her and her husband and on 22.02.2022 the present accused along with her sister enticed away the daughter of the complainant. The FIR was lodged after about 20 days and no explanation about the delay has been given.

¶8

The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the present accused applicant is a lady and is in jail since 13.03.2022 without there being any cogent evidence against her. It is further submitted that she is having small kids to look after. In this matter co-accused Muzammil has already been granted bail, a copy of his bail order is taken on record. Lastly, it is argued that the applicant is in jail since 13.03.2022 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.

¶9

Learned A.G.A. has opposed the prayer for bail. But he does not dispute the aforesaid submissions of the learned counsel for the applicant.

¶10

Keeping in view the submission of learned counsel for the parties, considering that general role has been assigned to the present accused, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

¶11

The prayer for bail is granted. The application is allowed.

¶12

Let applicant Smt. Shiba involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

¶13

(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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;

¶14

(2). 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;

¶15

(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

¶16

(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.

¶17

Order Date :- 5.7.2022 LBY

¶18

Digitally signed by LAL BAHADUR YADAV Date: 2022.07.08 16:23:39 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Shiba v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Shiba v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Sain Vs State of U.P.

Uday Raj Vs State of U.P.

Saddam Vs State of U.P.

Sami Ahmad Vs State of U.P.

Jasdeep Singh Sahdev @ Gagan Vs State of U.P.

Hamid Hussain Vs State of U.P.