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2020 DIGILAW 810 (ALL)

Dhandevi v. State of U. P.

2020-04-27

NEERAJ TIWARI

body2020
JUDGMENT : 1. This bail application has been taken up during lock-down period as an urgent one. 2. Learned counsel for the applicants has filed written submission through online, hard copy of the same is taken on record. Counter affidavit filed by State is also on record. 3. Perused the records as well as written submissions filed by applicants and counter affidavit filed by State. 4. The instant bail application has been filed on behalf of the applicants, Dhandevi, Renu Devi, Neeraj Devi and Radhna Devi, with a prayer to release him on bail in Case Crime No.1021 of 2014, under Sections 420, 467, 468, 471 I.P.C., Police Station-Powayan, District-Shahjahanpur, during pendency of trial. 5. It is stated in the affidavit filed along with this bail application that the present matter is pertaining to civil dispute. The applicants, who are daughters of complainant have falsely been implicated in the present case and there is no public witness in the present matter. In the supplementary affidavit, it is also stated that charge sheet has already been filed and there is no requirement of applicants for investigation. It is next stated that minor daughter of applicant no. 4, namely, Km. Ayushi is residing with her mother in jail. In this matter, Original Suit No. 4 of 2015 has also been filed for cancellation of sale deed dated 17.10.2014, which is still pending. The applicants have no criminal history except this case. The applicants are in jail since 10.01.2020. 6. By filing counter affidavit, State has opposed the bail, but could not dispute the said fact. 7. Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the constitution of India, let the applicants involved in the aforesaid case crime be released on bail subject to the following conditions :- 1. Considering the special circumstances of the lock-down prevailing in the district concerned presently and in the light of the directions of this Court in PIL No. 564 of 2020 dated 06.04.2020, let the applicant be enlarged on bail in the aforesaid case crime number on their furnishing a personal bond only to the satisfaction of the jail authorities, where the applicants are languishing. It is further directed that within period of four weeks from the date of lifting of the complete lock-down in the district concerned resulting in resumption of normal functioning of the Courts in that district, the applicants shall furnish two sureties each of the like amount to the satisfaction of the court concerned alongwith certified copy of this order, failing which the bail granted by this Court shall stand cancelled necessitating surrender of the applicants. 2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. 3. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. 4. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 5. The applicants shall cooperate in the trial sincerely without seeking any adjournment. 6. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; 8. In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. 9. The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of them bail and proceed against them in accordance with law. 10. 10. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.