Allowed

Smt. Rukhsar v. State of U.P.

Allahabad HC13 Jan 2023BAIL/936/2023

Case brief

AI extract

What is this about?

High Court disposed of a bail application under sections 420, 467-468, 471, and 120-B IPC. The applicant pleaded innocence and alleged police fabrication. The court granted bail subject to strict conditions regarding attendance, prosecution presence, and preventing abuse of liberty.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to strict conditions regarding attendance and conduct during trial.

Smt. Rukhsar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 936 of 2023

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Applicant :- Smt. Rukhsar Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard the learned counsel for the applicant and the learned counsel for the State as well as perused the material on record.

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The present bail application has been filed by the applicant- Smt. Rukhsar with a prayer to enlarge him on bail in Case Crime No. 106 of 2022, under Sections 420, 467, 468, 471 and 120-B I.P.C. Police Station-Civil Lines, District-Moradabad, during the pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and she has not been named in the present first information report. The implication of the applicant in the present case by the Police is nothing but a bundle of lie and the same has been made only for saving the skins of the Police officials and Tehsil officialism who have given a false verification report to the court concerned with regard to the fake and frivolous sureties submitted in obtaining bail of one Nadeem. The entire prosecution story is absolutely a self-made story projected by the Police. The applicant being lady has no concern with the commissioning of the alleged offence. She has never submitted any forged and fabricated documents in grant of bail of Nadeem. Since the father and wife of the accused Nadeem are alive, there was no need for the applicant to pursue the case of accused Nadeem. There is no direct or indirect evidence against the applicant on the basis of which it can be said that the applicant is involved in the present case in any manner. The applicant has no criminal history except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 12th November, 2022.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22 , let the

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applicant involved in aforesaid case crime be released on bail on his 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:-

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(i) The applicant shall file an undertaking to the effect that he 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.

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(ii) The applicant 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.

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(iii) In case, the applicant 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 applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(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 him in accordance with law.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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(Shiv Shanker Prasad, J.)

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Order Date :- 13.1.2023

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Sushil/-

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Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad

Smt. Rukhsar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Rukhsar v. State of U.P.

Case brief

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What did the court decide?

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