Kailashi and Another vs State of U.P.

Het Singh Yadav, J.

The applicants, who alleged to have been involved in the Case Crime No. 769 of 2012 under Section 419, 420, 411 I.P.C. Police StationKosikalan, DistrictMathura, has moved this application to enlarge them on bail

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

Learned counsel for the applicants submits that they never approached to complainant in the manner as alleged nor they ever persuaded to purchase the alleged brick of gold. In fact, Applicant No. 1 had some matrimonial dispute with her husband Radhey Lal, who is an old servant of the complainant. Applicant No. 2 Barkat Khan has given shelter to the Applicant No. 1. The husband of the Applicant No. 1 suspects that the applicants had interse, illicit relations. It is with this reason the applicants have been falsely implicated in this case concocting the entire story. On the basis of the concocted story the applicants were arrested by the police and alleged to have recovered the entire money given to them by the complainant. Thus, the complainant has suffered no unlawful loss neither the applicants have got any undue benefit, therefore, the applicants, who are innocent and are in jail, deserve to be enlarged on bail.

Learned A.G.A. repudiates the submission made as above and contended that the applicants were caught red handed along with the cheated money and therefore, their bail application deserves to be rejected.

Having given my thoughtful considerations to the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, I am of the view that the applicants deserve to be enlarged on bail.

Let applicantsSmt. Kailashi and Barkat Khan involved in the Case Crime No. 769 of 2012 under Section 419, 420, 411 I.P.C. Police StationKosikalan, DistrictMathura be released on bail on their each furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that:

(i) The applicants shall mark their attendance at Police Stationconcerned once in the first week of every calendar month during the trial.

(ii) 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 them to disclose such facts to the Court or to any other authority.

(iii) The applicants shall remain present before the Court on the dates fixed for hearing in the case and will cooperate in the trial. In case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the court concerned through counsel and request be made to the trial court that they may be permitted to be present through counsel.

(iv) They will not misuse the liberty of the bail and will not repeat any such instance in future.

Deviation of any of the above conditions shall entail cancellation of bail.