Allahabad High Court
Sunita Agarwal vs State Of U.P. Thru. Prin. Secy. ... on 1 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5774 of 2023
Applicant :- Sunita Agarwal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Pranjal Krishna
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the two cases mentioned in the gang chart only because applicant happens to be the wife of co-accused Sanjeev Agarwal. One is Case Crime No.271 of 2018 under Sections 120-B, 323, 384, 394, 419, 420, 467, 468, 471, 504 & 506 IPC, Police Station Gomti Nagar, District Lucknow; proceedings in this case have been stayed by this Court vide order dated 24.05.2022 passed in Application u/s 482 No.2952 of 2022 Annexure 9. Another case i.e. Case Crime No.0486 of 2018 under Sections 409, 420, 467, 468, 471 & 506 IPC, Police Station Sadarbazar, District Shahjahanpur; the proceedings have been quashed by the Co-ordinate Bench of this Court vide judgment and order dated 11.04.2023 passed in Application u/s 482 No.5872 of 2023, the order is on record as Annexure No.6. Learned counsel for the applicant submits that the co-accused persons in the gang chart namely Vijaya Nand Tiwari, Amit Kumar Tiwari, Ravi Shukla, Rohit Agarwal have been granted bail by this Court vide Annexure No.11. He further submits that applicant is a lady. Applicant seeks parity with the bail orders of the co-accused persons which are on record.
It has been further submitted that applicant is in jail since 30.03.2023 and if facility of bail is granted, there is no apprehension that she will flee from the judicial process and she will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned counsel further undertakes on behalf of the applicant that the applicant on being released on bail would not commit any offence while on bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that above named co-accused persons in the gang chart have been granted bail.
On due consideration to the submissions advanced, perusal of the record so also the fact that co-accused persons have been granted bail vide Annexure No.11 and the applicant is in jail since 30.03.2023 as also the twin condition of Section 19(4) of the Gangster Act having stood satisfied, the undertaking given on behalf of the applicant that she would not commit any offence while on bail, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Sunita Agarwal involved in Case Crime No. 117 of 2022, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Vibhuti Khand District - Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that she will not indulge in any case for or misuse the liberty of bail.
(vi) 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.
(vii) In case, the applicant misuses 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.
Order Date :- 1.5.2023
Saurabh Yadav/-
