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2025 DAILYLAW 158871 (ALL)

HEMA CHAURASIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/12261/2022 · 2025-01-06

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:630 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12261 of 2022 Applicant :- Hema Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vishwanath Pratap Singh,Rakesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant in F.I.R. No. 76 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kakori, District Lucknow with the prayer to enlarge her on bail. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the applicant was allured by other persons that she will be facilitated of having a plot in Awas & Vikas Parishad, in case, she made signature before the Deputy Registrar. It is also submitted that charge sheet was submitted by the Investigating OfÏcer without considering the evidences provided by the applicant. It is lastly submitted that the applicant, who is a lady and has no criminal antecedent, is in jail since 04.04.2022 and till today, even charge has not been framed. It is, thus, submitted that there is no possibility of conclusion of trial in near future. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation. 4. Learned A.G.A. vehemently opposes the prayer for grant of bail to the applicant and submits that sufÏcient evidences have been collected by the Investigating OfÏcer and the active involvement of the applicant was found. However, she does not dispute that the applicant is in jail since 04.04.2022. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., bail application as well as other relevant documents, it is evident that the applicant, who is a lady, is in jail since 04.04.2022 and till today, the charge has not been framed. In such circumstances, I am of the view that the applicant is entitled to be released on bail. 6. Application stands allowed. 7. Let applicant -Hema Chaurasiya be released on bail in F.I.R. No. 76 of 2022, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. (ii) 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 her from disclosing such facts to the Court or to any police ofÏce or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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. (iv) 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 sufÏcient cause, the trial court may proceed against her under Section 229- A IPC. (v) 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. may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 sufÏcient 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. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. 9. However, trial court is directed to conclude the trial expeditiously, without giving any unnecessary adjournment to either of the parties. Order Date :- 6.1.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench