High Court
Case Details
Neutral Citation No. - 2023:AHC:191430 Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41288 of 2023 Applicant :- Km. Pooja Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A.,Gaurav Sharma Hon'ble Vikram D. Chauhan,J. 1. Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.
Legal Reasoning
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. It is submitted by learned counsel for the applicant that a first information report was lodged for theft of jewellery and cash. Subsequently, the co-accused was apprehended and in his confessional statement, name of the applicant has been surfaced. From the possession of the applicant Rs. 3,50,000/- and some ornaments have been recovered. Learned counsel for the applicant further submits that there is no other evidence linking the applicant with the alleged crime. The applicant has no previous criminal history. Applicant is languishing in jail since 16.06.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. Sri Gaurav Sharma, learned counsel for the informant submits that Rs. 3,50,000/- and some jewellery has been recovered from the possession of the applicant. Applicant was having love affair with the other co-accused-Chetan and as a result of the same, the applicant is instrumental in helping the other co-accused in the theft. 4-A. On a pointed query being made to the learned counsel for the informant, as to whether, there is any C.C.T.V. footage with regard to the complexity of the applicant, learned counsel for the informant submits that the C.C.T.V. footage is of outside the house and in the footage the applicant is not seen. Learned counsel for the informant does not dispute the fact that the applicant and the informant are relatives and the applicant was living with the informant at the time of incident. 4-B. Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case. 5. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail. 6. It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court. 7. The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant. 8. No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 9. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State. 10. Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State. 10-A. In the present case, it is to be seen that the only evidence against the applicant is the recovery of Rs. 3,50,000/- and jewellery. There is no independent witness of the alleged recovery. The recovery of incriminating article is not substantive evidence, it is a corroborative evidence, it has to be supported by substantive evidence. The applicant is a student and, in case, she has committed a crime on account of love affair with the co-accused, that itself cannot be a ground to detain the applicant in jail. 11. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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. 12. Let the applicant Km. Pooja involved in Case Crime No. 241 of 2023, under Sections 380, 411 I.P.C., Police Station Shahganj, District Agra, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- 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 will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. 13. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 5.10.2023 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad