Allahabad High Court
Smt. Suman Srivastava vs State Of U.P. & Another on 20 June, 2012
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 40
Case :- APPLICATION U/S 482 No. - 20700 of 2012
Petitioner :- Smt. Suman Srivastava
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Sanjay Kumar Singh
Respondent Counsel :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.
The prayer of the applicant in the present 482 Cr.P.C. application is being quoted below:
"It is, therefore, Most Respectfully Prayed that this Hon'ble Court may graciously be pleased to direct the Court of Additional District Judge-23, Allahabad to permit the applicant to remain on bail under newly added section 376 and 120-B I.P.C. on furnishing fresh bail bond to the satisfaction of the court or in alternatively direct the trial Court to consider and dispose of the bail application of the applicant on the same day, in case it is not possible on the same day, grant interim bail to the applicant on her personal bond till the disposal of her bail application in newly added Sections 376 and 120-B I.P.C. of S.T. No. 495 of 2012 (Case Crime No. 64 of 2012) Police Station Shivkuti, District Allahabad, otherwise irreparable loss and injury shall occur to the applicant"
Brief facts of the case are that a First Information Report was lodged on 5.4.2012 by opp. party No.2, Smt. Urmila Gupta, Superintendent, Government Child Home (Shishu) (who is at present in jail), Police Station-Shivkuti, District-Allahabad against one Vidya Bhushan Ojha, which was registered as Case Crime No. 64 of 2012, under Section 376 I.P.C., Police Station-Shivkuti, District-Allahabad. After investigation, the Investigating Officer submitted charge sheet on 20.5.2012 against ten persons including the applicant. The charge sheet was submitted against the applicant for offence under Sections 119, 354, 323 I.P.C. and 23 of Juvenile Justice Act. Thereafter, the applicant along with the other co-accused persons were summoned by the A.C.J.M., Court No.8, Allahabad on 30.5.2012, who took cognizance of the offence. The applicant, thereafter, appeared before the Court below and was granted bail by the Court of A.C.J.M., Court No.8, Allahabad for the offence in case crime No. 64 of 2012, under Sections 354, 119, 323 I.P.C. and Section 23 of Juvenile Justice Act, Police Station-Shivkuti, District-Allahabad vide order dated 2.6.2012.The case was committed to the Court of Session by the Magistrate. The co-accused Vidya Bhushan Ojha, Smt. Urmila Gupta and Smt. Rampati were detained in jail, hence they were produced before the Court of Additional Sessions Judge, Court No.23, Allahabad in S.T. No. 495 of 2012 (State Vs. Vidya Bhushan Ojha ), Police Station-Shivkuti, District-Allahabad, on which the trial Court heard the prosecution as well as the counsel for all the accused persons wanted in the case including the counsel on behalf of the applicant on the question of charge. The trial Court while hearing on the point of charge on the basis of the material collected during investigation and in the case diary on the basis of which the charge sheet was submitted against the applicant along with the other co-accused persons, found that the offence under Sections 376 and 120B I.P.C. along with the offence under Sections 354, 119, 323 I.P.C. and Section 23 of Juvenile Justice Act prima facie was made out against the applicant. The trial Court vide order dated 12.6.2012 has passed an order summoning the applicant along with the other co-accused persons to surrender and appear before it.
It has been contended by the learned counsel for the applicant that as the charge sheet was submitted against the applicant for offence under Sections 354, 119, 323 I.P.C. and Section 23 of the Juvenile Justice Act and she has been bailed out by the Magistrate vide order dated 2.6.2012 and there being no evidence available against the applicant for which charges can be framed against her for the offence under Sections 376 and 120B I.P.C., she may be allowed to furnish fresh bail bonds in the newly added Sections, i.e., 376 and 120B I.P.C. or in alternative the trial Court may be directed to consider and dispose of the bail application of the applicant on the same day or grant interim bail to applicant on her personal bond till disposal of her bail application.
On the other hand, learned AGA has opposed the prayer of the applicant as has been submitted by the learned counsel for the applicant vehemently and has stated that there is an evidence of the victims, namely, Km. Rani daughter of Suresh and Km. Pinki recorded under Section 164 Cr.P.C., in which there is allegation against the applicant that she conspired with the co-accused persons and allowed the sexual abuse of the orphan minor girls aged about 6 to 10 years in the Government Child Home where she was posted as Superintendent and she is equally guilty of the crime which was heinous in nature and has further submitted that the order passed by the trial Court on 12.6.2012 is in consonance with law.
Having considered the submissions advanced by the learned counsel for the parties, I am of the opinion that the prayer of the applicant made in the present 482 Cr.P.C. application cannot be granted as the offence under Sections 376 & 120B I.P.C. for which the trial Court has summoned the applicant and directed her to surrender before it is of aggravated nature. The applicant was granted bail by the learned Magistrate for minor offences under Sections Sections 354, 119, 323 I.P.C. and Section 23 of Juvenile Justice Act and now the nature of the offence has been altered to and aggravated crime. In this regard, there is a judgment of the Apex Court reported in 2001 (4) SCC 280 (Prahlad Singh Bhati Vs. N.C.T., Delhi & Another), wherein it has been held by the Apex Court that with the change nature of the offence the accused becomes dis-entitled to the liberty granted to him or her in relation to minor offence, if the offence is altered for an aggravated crime. It was further held in the said judgement that the accused shall apply regular bail in the trial Court and the same shall be decided and disposed of on its merit keeping in view the position of law as laid down in the said judgment.
In view of the above observation, I find that the application filed under Section 482Cr.P.C. lacks merit, it is liable to be dismissed and is, accordingly, dismissed.
Order Date :- 20.6.2012
NS
