Allahabad High Court
Leelavati Chauhan And 2 Others vs State Of U.P. And 3 Others on 13 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:236134
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49115 of 2023
Applicant :- Leelavati Chauhan And 2 Others
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Aktar Ahmed Siddiqui,Mohammad Sahid
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A is taken on record.
Heard learned counsel for the applicants and learned A.G.A.
The instant bail application has been filed on behalf of the applicants, Leelavati Chauhan, Vedvati and Shanti Chauhan, with a prayer to release them on bail in Case Crime No. 234 of 2023, under Sections 396,307,323,506,376-D,34,412,120-B IPC and 5/6 POCSO Act Police Station Tharwai, District- Prayagraj, during pendency of trial.
There are allegations in the First Information Report against unknown accused that after entering into the house of the deceased and causing injury to his wife and they looted cash and jewellery kept in the house.Learned for the applicant has submitted that no female was involved in the alleged offence. Applicants are females.Recovery of some jewellery was made from their possession of applicants.There are allegations against applicants of being conspirators. They are in jail since 13.8.2023 and have no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed
Let the applicants be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicants 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 him from disclosing such facts to the Court or to any police officer;
5. The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
6. 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 his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.12.2023
Atul kr. sri.
