Het Singh Yadav, J.— Memorandum of appearance file today by Sri Prashant Pandey, Advocate on behalf of the complaint is taken on record. The applicant, who alleged to have been involved in the Case Crime No. 190 of 2012 under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station-Kotwali, District-Kanpur Nagar, has moved this application to enlarge her on bail Heard learned counsel for the applicant, learned A.G.A. and perused the record. Learned counsel for the applicant submits that the applicant, who was the lawful owner and having valid title over the property, transferred the same to the complainant through registered sale deed. However, property so transferred was mortgaged with the bank as collateral security of loan borrowed by her husband, by way of deposit of title deed. This fact was well within the knowledge of the complainant as the original title deed was not handed over to him at the time of registration of sale deed. However, subsequently, the complainant lodged F.I.R. alleging false allegations against the applicant. Moreover, the applicant is ready and willing to repay the entire dues of the bank on her release on bail. Her husband has already been granted bail by this Court and the role of the applicant is almost at par with him, therefore, the applicant, who is in jail since 9.10.2012, deserves to be enlarged on bail. Learned A.G.A. and learned counsel for the complainant repudiate the submission made as above and contended that in case the applicant agreed to re-pay the dues, they have no objection to release her on bail. Having given my thoughtful considerations to the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, I am of the view that the applicant deserves to be enlarged on bail for the following reasons: (a) It appears to be a dispute of civil nature. (b) The applicant, who is woman is ready and willing to repay the entire dues of the bank and hand over the title deed of the property to the complainant after getting it released from the bank. (c) Her husband more or less having similar role has already been granted bail on same terms and conditions.
(b) The applicant, who is woman is ready and willing to repay the entire dues of the bank and hand over the title deed of the property to the complainant after getting it released from the bank. (c) Her husband more or less having similar role has already been granted bail on same terms and conditions. Let applicant-Smt. Karuna Devi Gupta involved in the Case Crime No. 190 of 2012 under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station-Kotwali, District-Kanpur Nagar be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that: (i) She shall deposit the entire dues relating to the property in question mortgaged with the Bank concerned within a period of two months from the date of her release on bail. (i) 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 to disclose such facts to the Court or to any other authority. (ii) The applicant shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, she shall immediately give intimation to the court concerned through counsel and request be made to the trial court that she may be permitted to be present through counsel. (iii) She will not mis-use the liberty of the bail and will not repeat any such instance in future. Deviation of any of the above conditions shall entail cancellation of bail. The trial court shall decide the case expeditiously uninfluenced by the observations made herein above. _____________