Allahabad High Court
Hemlata vs State Of U.P. on 17 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:89287
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17739 of 2024
Applicant :- Hemlata
Opposite Party :- State of U.P.
Counsel for Applicant :- Kamalendra Kumar Maurya,Sr. Advocate
Counsel for Opposite Party :- G.A.,Hare Krishna Tripathi
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Daya Shanker Mishra, learned Senior Counsel assisted by Sri Abhishek Kumar Mishra, Sri Kamalendra Kumar Maurya, learned counsels for the applicant, Sri Hare Krishna Tripathi, learned counsel for the informant, Sri R.P. Patel, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.387 of 2023, under Sections 307 and 120B IPC, Police Station Hari Parvat, District Agra, during the pendency of trial.
4. As per prosecution story, some unknown persons are stated to have caused firearm injuries to the father of the informant on 16.08.2023 between 1:00 to 1:30 p.m.
5. Learned Senior Counsel for the applicant has stated that the applicant is not named in the FIR and has been falsely implicated in the present case. Even the FIR does not mention any lady to be the assailant. Learned Senior Counsel has further stated that the name of the applicant has come up in the confessional statement of co-accused persons, namely, Krishna Kumar @ Kanhaiya and Shiva, who were arrested by the police. The said statement is not admissible under Evidence Act. The said co-accused persons have already been enlarged on bail by the co-ordinate Bench of this Court. The applicant is a lady and practicing advocate at this High Court only and she and the informant are at animus with each other as several litigations are pending between them and earlier on also the same informant has instituted several FIRs against her.
6. Learned Senior Counsel for the applicant has further stated that the criminal history assigned to the applicant stands explained as four orders have been annexed to the affidavit filed with the bail application and two other case i.e. Case Crime No.134 of 2022, under Section 323 I.P.C., P.S. Hari Parvat, District Agra and Case Crime No.351 of 2022, under Sections 323, 504 and 506 I.P.C., P.S. Jagdishpura, District Agra, are bailable, as such the applicant is entitled for bail.
7. In support of his submission, learned Senior Counsel has placed much reliance upon the judgment of Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648, wherein the Supreme Court has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.
8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 03.04.2024. In case, the applicant is released on bail, she will not misuse the liberty of bail.
9. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant is the main accused person and it was at her dictates that the co-accused persons, namely, Krishna Kumar @ Kanhaiya and Shiva, had executed the said plant and had fired at the father of the informant herein. Learned counsel for the informant has further stated that there is a statement of one Chhatrapal who has categorically seen the applicant and the assailants going and entering a room several times.
10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no cogent evidence to relate the applicant with the said offence coupled with the fact that the criminal history assigned to the applicants stands explained, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
11. Let the applicant- Hemlata, who is involved in aforementioned case crime be released on bail on her 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.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant 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.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming her independent opinion based on the testimony of the witnesses.
Order Date :- 17.5.2024
Ravi/-
(Justice Krishan Pahal)
