Allahabad High Court
Amina vs State Of U.P. on 15 June, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- BAIL No. - 1348 of 2021
Applicant :- Amina
Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Pandey,Naveen Kumar Mishra
Counsel for Opposite Party :- G.A.
(In Residence)
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Learned counsel for the applicant, Sri Mayank Pandey, Advocate appears through video conferencing in virtual hearing and learned A.G.A. for the State, Sri S.K. Tiwari, Advocate also appears through video conferencing in virtual hearing.
The present bail application is filed on behalf of the accused-applicant- Amina, who is involved in Case Crime No.270/2020 under Sections 380, 411, 120-B of I.P.C., registered at Police Station - Kotwali Tanda, District- Ambedkar Nagar.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Sessions Judge, Ambedkar Nagar, vide order dated 10.12.2020.
Learned counsel for the bail applicant submitted that no doubt the present accused-applicant is wife of one of the co-accused in the matter and a recovery of Rs.3,00,000/- is made by the police out of total stolen money of Rs.81,00,000/-.
Learned counsel further submitted that since the present accused-applicant was working as domestic help in the house of the complainant from where the theft was committed by the accused persons, therefore, police has connected her with false implication of informing the thief (co-accused) about availability of the money in the house, she has no concern with the incident.
Learned counsel for the applicant submitted that the present accused-applicant is a lady doing work of domestic help, she has no criminal antecedent or any complaint of this nature in the society. She is languishing in jail since 6.10.2020, therefore, when the accused-applicant is ready and willing to face the trial, abide herself with the conditions imposed by the court, she should be released on bail as the offence is triable by Magistrate.
Learned A.G.A. on behalf of the State protesting the bail application on the ground that the present accused-applicant is directly connected with the offence on whose information thieves entered into the house and stolen the money kept therein which was in the knowledge of the present accused-applicant. Learned A.G.A further submitted that all the accused-applicants have arrested and charge sheet has been submitted in the court concerned.
After hearing the rival contentions of learned counsel for the parties, it is very much clear that the present accused applicant is the only source of information of stealing the money kept in the house owner as she was working there and watching the activity of the owner. Since, there is no criminal antecedent reported by the police as per the instructions received to learned A.G.A., without making any comment as to the merit of the case, complicity and role as well as the involvement of the accused-applicant in the incident, the severity of punishment etc, at this stage, I find force in the submission of learned counsel for the applicant that no prima facie case is made out against the accused-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicant (Amina) involved in Case Crime No.270/2020 under Sections 380, 411, 120-B of I.P.C., registered at Police Station - Kotwali Tanda, District- Ambedkar Nagar be released on bail on her furnishing personal bond of Rs.50,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 229-A of the Indian Penal Code.
(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. 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 applicants 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 :- 15.6.2021
Gaurav/-
