Allahabad High Court
Sheela Kumari @ Sushma Devi vs State Of U.P. on 26 July, 2022
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14600 of 2022
Applicant :- Sheela Kumari @ Sushma Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Kumar Vishwakarma
Counsel for Opposite Party :- G.A.,Ram Babu Tiwari
Hon'ble Subhash Vidyarthi,J.
1.Rejoinder affidavit filed today is taken on record.
2.Heard Sri Ram Krishna Gupta, Advocate holding brief of Sri Kuldeep Kumar Vishwarkarma, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.
3.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 521 of 2021, under Sections 419, 420, 467,, 467, 468, 471 IPC, Police Station Colonelganj, District Prayagraj during pendency of the trial in the Court below.
4.The aforesaid case was registered on the basis of a first information report lodged on 02.10.2021 by the informant Umesh Chandra Yadav alleging that a land bearing Khasra No. 45 which belonged to one Vijay Bahadur Singh is lying vacant for the last 40-45 years. The F.I.R. alleges that about 50 years ago, some persons of locality including the applicant had paid some money to the aforesaid Vijay Bahadur Singh for permitting them to use his land for the purpose of Rasta. As per the F.I.R. allegations, Vijay Bahadur Singh died in 1983 and the name of her daughter Sheela Kumar was mutated in the revenue record on 17.03.1987, but the said Sheela Kumari was not traceable since 1987 itself. In place of Sheela Kumar, daughter of Vijay Bahadur Singh, one Sunny Patel son of Rajendra Singh Patel set up another Sheela Kumar as an imposter and he got a fictitious sale deed executed by the said Sheela Kumari on 11.08.2021. The seller has used a forged Votor Identity Card for her identity proof.
5.In the affidavit filed in support of the bail application, it has been stated that the applicant is an illiterate lady and that no person in whose favour she has executed a sale deed has lodged any complaint. It has further been stated that the informant has no concern with the land in question.
6.It has further been stated in the affidavit that the applicant has no criminal history whereas the informant has been convicted by means of a judgment dated 12.05.1983 passed by the 5th Additional Sessions Judge, Allahabad in S.T. No. 79 of 1980 arising out of Case Crime No. 8 of 1978. It has further been stated that one Misri Lal had filed a Criminal Appeal No. 1154 of 1983 in this Court against the aforesaid judgment dated 12.05.1983, which has been partly allowed on 06.01.2017, whereby the applicant has been convicted for committing offence under Section 304 Part II IPC read with Section 34 IPC and 307 IPC read with Section 34 IPC.
7.In the affidavit filed in support of the bail application, it has been stated that the applicant is a handicapped lady and she is in jail since 28.10.2021 and that prima facie no case is made out against the applicant.
8.The affidavit contains a categorical undertaking that in case the applicant is released on bail, she will not misuse the liberty
9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he could not dispute the aforesaid aspect of the matter.
10.Keeping in view the aforesaid facts and circumstances of the case as also the provisions contained in the proviso appended to Section 437 (1) of Cr.P.C., I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.
11.In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
12.Let the applicant Sheela Kumari @ Sushma Devi be released on bail in Case Crime No. 521 of 2021, under Sections 419, 420, 467,, 467, 468, 471 IPC, Police Station Colonelganj, District Prayagraj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
13.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 26.7.2022
Ashish Pd.
