Allahabad High Court
Pooja Saini vs State Of U.P. And Another on 15 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11580 of 2021
Applicant :- Pooja Saini
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jitendra Pal Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Jitendra Pal Singh Chauhan, learned counsel for applicant and Sri Vikas Goswami, learned AGA for the State.
This anticipatory bail application has been filed on behalf of applicant-Pooja Saini against whom FIR has been registered on 06.05.2021 as Case Crime No.229 of 2021 under Section 306 IPC at Police Station Nazibabad, District Bijnor.
Learned counsel for the applicant submits that applicant has directly approached this Court inasmuch as FIR was lodged on 06.05.2021 when second wave of Covid-19 pandemic was on its peak. Therefore, applicant has been able to make out an extraordinary circumstances in the light of the judgment of Five Judges Bench of this Court in case of Ankit Bharti Vs. State of U.P. and Another; 2020 (3) ADJ 165 (F.B.), by directly approaching this Court.
On merits, it is submitted that there are omnibus allegation against the applicant inasmuch as in the FIR it is mentioned that incident took place on 03.05.2021 when wife of the complainant had committed suicide at about 12:30 pm. It is submitted that FIR has been lodged after three days on 06.05.2021 as an afterthought to settle personal scores. It is submitted that allegations against the present applicant and co-accused are omnibus. It is mentioned in the FIR that they use to try to bring bad name to the complainant's wife, as a result of which, complainant's wife use to feel harassed and committed suicide.
Learned counsel for the applicant submits that none of the ingredients of Section 107 IPC are made out so to constitute an offence under Section 306 IPC.
Sri Vikas Goswami, learned AGA opposes the prayer for grant of anticipatory bail to the applicant.
Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of her fleeing from process of justice delivery, this Court is of the view that applicant is entitled for anticipatory bail.
Accordingly, let applicant Pooja Saini involved in the aforesaid case be released on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned with the following conditions:-
(i) The applicant shall make herself available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the Court.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
In above terms, case is disposed off.
Order Date :- 15.6.2021
Ravi/-
