Single judge court granted bail to Jasveer Kaur in a cheating case under various IPC sections, imposing conditions for her appearance during trial stages and attending evidence with conditions on adjournments.
Release of the applicant on bail subject to personal bond, sureties, and specific conditions regarding appearance and adjournments.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2387 of 2022
Applicant :- Jasveer Kaur Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Jasveer Kaur in Case Crime No. 417 of 2021, under Sections 419, 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station Sigra, District - Varanasi, with the prayer to enlarge her on bail.
Contention is that applicant was challenged in Case Crime No. 11 of 2021 and after she was sent to Jail, she has been implicated in number of other cases on similar ground. It is contended that neither in this case, nor in any other matter she is named and the only material against her is a statement under Section 161 Cr.P.C., as per which, applicant is also involved in the crime in collecting money, but not delivering product sold. The applicant is stated to be in Jail since 14.9.2021 and it is stated that a coordinate bench today itself has granted bail in Case Crime No. 415 of 2021 to the applicant. It is stated that prior to Case Crime No. 11 of 2021, applicant has no criminal history.
Learned AGA has opposed the prayer made in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufficiently long, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Jasveer Kaur involved in aforesaid case crime 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, with the following conditions, which are being imposed in the interest of justice:-
(i) 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.
(ii) 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 229A of the Indian Penal Code.
(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.
(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 her in accordance with law.
Order Date :- 4.2.2022 Ranjeet Sahu
2 issues framed by the court
Whether the applicant is eligible for bail in the present criminal case.
Whether specific conditions can be imposed on the grant of bail to secure the applicant's presence during trial.
4 provisions across 2 enactments
Jasveer Kaur
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
