Advocates:
['UMESH CHANDRA TRIPATHI', '', 'SURESH KUMAR GUPTA', 'G A', '', 'KRISHNA MOHAN ASTHANA']

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14453

of 2022

Applicant : Shweta Jhaveri

Opposite Party :- State of U.P.

Counsel for Applicant :- Umesh Chandra Tripathi,Suresh

Kumar Gupta

Counsel for Opposite Party :- G.A.,Krishna Mohan Asthana

Hon'ble Ali Zamin,J.

Heard learned counsel for the applicant, learned counsel for the

informant, learned A.G.A. for the State and perused the material

available on record.

The present bail application has been filed by the applicant with

a prayer to enlarge him on bail in Case Crime No.441 of 2021,

under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station

Cannt, District Varanasi.

Learned counsel for the applicant submits that, on the basis of

fake gold, loan was obtained by the applicant and 11 others. He

further submits that except Prateek Rastogi all the co-accused

persons have been enlarged on bail by this Hon'ble Court,

which has been explained in para 4 of the rejoinder affidavit

filed in support of bail application. He next submits that two

more cases of similar nature have been registered against the

applicant and in both the cases she has been enlarged on bail by

this Hon'ble Court, which has also been explained in para 7 of

the rejoinder affidavit filed in support of bail application. He

further submits that applicant's case is at par with the co-

accused persons, who have been enlarged on bail. He further

submits that applicant has been falsely implicated in the case.

There is no possibility of the applicant of fleeing away from the

judicial process or tampering with the witnesses and, in case,

the applicant is enlarged on bail, the applicant shall not misuse

the liberty of bail. He next submits that applicant is a widow

lady and languishing in jail since 22.8.2021.

Per contra, learned counsel for the informant and learned

A.G.A. opposed the bail prayer of the applicant by contending

that applicant is a habitual offender of similar nature cases,

therefore, she does not deserve any benevolence.

Considering the facts and circumstances of the case as well as

submissions made by learned counsel for the parties, nature of

offence, enlargement of co-accused on bail and enlargement of

applicant on bail in the cases registered against her, without

expressing any opinion on the merit of the case, the applicant is

entitled for bail, let applicant Shweta Jhaveri involved in the

aforesaid case crime be released on bail on his furnishing a

personal bond and two local sureties each of the like amount to

the satisfaction of the court concerned, subject to the following

conditions :-

(i) The applicant will not tamper with the evidence and

pressurize the witnesses during trial.

(ii) 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.

(iii) The applicant shall remain present before the trial court on

each date fixed, either personally or through her counsel. In

case of his absence, without sufficient cause, the trial court may

proceed against her under Section 229-A of the Indian Penal

Code.

(iv) In case, the applicant misuses the liberty of bail during trial

and in order to secure his presence proclamation under Section

82 Cr.P.C. is issued and the applicant fails to appear before the

court on the date fixed, then, the trial court shall initiate

proceedings against her, in accordance with law, under Section

174-A of the Indian Penal Code.

(v) The applicant shall remain present, in person, before the

trial court on the dates fixed for (i) opening of the case, (ii)

framing of charge and (iii) 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 fo