The Single Judge allowed the bail application of the petitioner, holding that she was entitled to bail after finding merit in her submissions that the case arose from a civil dispute over an agreement to sale.
The applicant is released on bail by furnishing one personal bond and two sureties in specified amounts.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21137 of 2022
Applicant :- Kanchan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 275 of 2017 at Police Station Chandauli District Chandauli under Sections 419, 420 I.P.C. The applicant is in jail since 28.04.2022.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Chandauli on 28.04.2022.
Shri Dhirendra Kumar Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a lady. The dispute is predominantly civil in nature and arises out of an agreement to sale. There was a privity of contract between the applicant and the informant. The applicant has always been ready and willing to execute the sale deed in terms of the said agreement. However, the informant sought to resile from the terms of the registered agreement to sale and failed to give amount as contemplated in the said agreement. Only part payment was made. The instant criminal case is
being leveraged in the disputed civil claim made by the informant. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Shri I. P. Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Kanchan Devi be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make
inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.06.01 10:11:33 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in an underlying criminal trial.
Kanchan Devi
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
