Allowed

Kamlawti Verma v. State of U.P. Thru. Prin. Secy. Home Govt. Lko.

Allahabad HC12 Jul 2024/5359/2024

Case brief

AI extract

What is this about?

This bail application was granted to the applicant, who was in jail, alleging conspiracy under IPC sections including cheating and criminal conspiracy. The court considered the nature of the offence, evidence of complicity, and the fact that the applicant had been granted bail in seven identical cases by a coordinate bench. The applicant was released on a personal bond and two sureties, with stand

What did the court decide?

Released on bail on furnishing a personal bond and two sureties.

Kamlawti Verma Vs State of U.P. Thru… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:47601

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Court No. - 30

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5359 of 2024

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Applicant :- Kamlawati Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Anand Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Heard Shri Anand Dubey, learned Counsel for the applicant and Shri Mayank Sinha, learned Additional Government Advocate for the State.

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The applicant seeks enlargement on bail in FIR No. 11 of 2021, under Sections 406, 419, 420, 467, 468, 471, 120B I.P.C., Police Station Gomti Nagar, District -Lucknow.

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Learned Counsel for the applicant has submitted that as per the prosecution, there is no any allegation against the applicant and the only allegation against the applicant is that she had conspired along with co-accused persons. According to him, the applicant had no knowledge about alleged transaction of money to co-accused and she is also not aware of this fact that how much cash amount was given to co-accused Suresh Kumar Verma transferred to his bank account. He submits that the allegations against the applicant are false and concocted. He also pointed out that as many as 12 F.I.Rs. with the identical allegations were lodged against the applicant out of which in seven cases she has been enlarged on bail, copy of which has been annexed as Annexure No. 7 to the application. He also submitted that trial of the case has not been commenced till date and even the charges have also not been framed. Applicant is in jail since 02.01.2022. As the applicant has been enlarged in a identical case, therefore, she is entitled to be enlarged on bail in the present case also.

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Learned A.G.A. opposes the bail application.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the applicant and also the fact that applicant has been enlarged on bail by a Co-ordinate Bench of this Court on an identical allegations levelled against her, copy of which has been annexed as Annexure No. 7 of the writ petition; and applicant is in jail since 02.01.2022, this Court is of the view that the applicant is entitled to be released on bail in this case.

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Let the applicant, Kamlawati Verma , be released on bail in the aforesaid F.I.R. on furnishing a personal bond and two sureties each in 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 she shall not seek any adjournment on the date 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 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.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. be 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.

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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

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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.

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(v) The applicant shall not commit any offence similar to the offences of which she is accused or suspected of the commission; and

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(vi) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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( Om Prakash Shukla, J.)

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Order Date :- 12.7.2024 Ajit

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Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Kamlawti Verma v. State of U.P. Thru. Prin. Secy. Home Govt. Lko.

Case brief

What is this about?

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Kamlawti Verma v. State of U.P. Thru. Prin. Secy. Home Govt. Lko.

Case brief

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