Held an application for bail in a case involving illegal entry under the Foreigners Act. The court allowed bail, citing Article 21 and recent Apex Court precedents, subject to personal bond and specific conditions.
Applicant released on personal bond and two sureties subject to specified conditions including surrendering passport and remaining present in court.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23349 of 2022
Applicant :- Zhu Xiao Juan Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Dwivedi,Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
There is allegation against the applicant that she is a Chinese national and has strayed into the Indian Territory. On account of affair with the co-accused, Durga Prasad Maurya, she wanted to marry him. He is stated to be her facebook friend and while she was staying in India she has been arrested and implicated in the present case, since she did not possesses valid traveling documents to this country.
Counsel for the applicant submits that the applicant and coaccused person were having affair and she wanted to marry him and he also wanted to marry her. Therefore, she came to his country. In case, she is enlarged on bail she will not misuse the liberty of bail. The applicant is in jail since 03.12.2021 and has no criminal history to her credit.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Zhu Xiao Juan, involved in Case Crime No. 222 of 2021, under Section- 14-A Foreigners Act, 1946 and Section 120-B IPC, Police Station- Dhebarua, DistrictSiddharth Nagar, be released on bail on her furnishing a
personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant will surrender her passport and will not leave country without permission of the trial court.
(ii) The applicant shall not tamper with the evidence or threaten the witnesses.
(iii) The applicant shall file an undertaking to the effect that she 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.
(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code.
(v) 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.
(vi) 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 her in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.7.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.07.20 17:46:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to an applicant charged under the Foreigners Act and IPC for entering India without valid traveling documents.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Satendra Kumar Antil vs. C.B.I.Referred¶9
Satendra Kumar Antil vs. C.B.I.
7 provisions across 4 enactments
Zhu Xiao Juan
State of U.P.
Siddharth
As recorded by the court registry
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