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2025 DAILYLAW 121215 (ALL)

SAROJ SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. GOVT. LKO.

BAIL/999/2025 · 2025-07-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41951 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 999 of 2025 Applicant :- Saroj Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State as well as the complainant who appears in person and perused the record. In the prosecution case, it is alleged that the bhumidhari Gata No. 156/2.55 acre had been sold in favour of the applicant showing the sale consideration amount of Rs. 16,000/- by way of a forged sale deed executed on 20.8.1971. The applicant filed an application for mutation before the Nayab Tehsildar, but the same has been rejected on 7.9.2020. Learned counsel for the applicant submits that the applicant is innocent. The alleged offences are triable by a Magistrate. It is next submitted that the co-accused Brijesh Kumar Awasthi, who is the main accused, has died. The applicant is a lady. The co- accused Vimlesh and Anil Kumar Singh @ Anil Singh have already been granted bail by the coordinate bench of this Court. The bail orders are on record as Annexure-3 to the bail application. It is further submitted that the applicant has duly explained her criminal history in para no. 20 of the bail application. She being a lady is languishing in jail since 5.1.2024. Charge-sheet in the case has been filed. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail. Learned A.G.A. as well as the complainant have opposed the prayer for bail and submitted that it is not a case of parity. On due consideration to the submissions advanced, perusal of the record, the bail orders of the aforesaid co-accused so also the fact that the alleged offences are triable by a Magistrate; the applicant has duly explained her criminal history in para no. 20 of the bail application; she being a lady is languishing in jail since 5.1.2024; charge-sheet in the case has been filed and 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- Saroj Shukla involved in Case Crime No. 502 of 2023, under Sections 419,420,467,468,471,120B IPC, Police Station- Kotwali Nagar, District- Gonda, 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 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 remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 22.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench