Allahabad High Court
Noori Nazneen And Another vs State Of U.P. And Another on 3 August, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6667 of 2022
Applicant :- Noori Nazneen And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kamal Kumar Singh
Counsel for Opposite Party :- G.A.,Sudhir Kumar Mishra
Hon'ble Suresh Kumar Gupta,J.
Heard Mr. Kamal Kumar Singh, learned counsel for the applicants, learned Additional Government Advocate for the State and Mr. Sudhir Kumar Mishra, learned counsel for first informant.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicants are apprehending their arrest during trial in connection with Case Crime No.879 of 2020, under Sections 419, 420, 465, 468 and 471 IPC, Police Station Kotwali, District Ghazipur.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case just to harass the applicants. The applicant no.1 and opposite party no.2 is real sister and the applicant no.2 is brother-in-law (Behnoi) of opposite party no.2 and due to money transactions, the impugned FIR has been lodged against the applicants. Further submission is that after investigation, the Investigating Officer has submitted charge sheet against the applicants. Further submission is that during investigation, the applicants have not arrested and fully cooperated in investigation, but the Investigating Officer without appreciating this fact has submitted charge sheet and the learned Magistrate has taken cognizance. Further submission is that since the applicants were not arrested and cooperated in investigation, there is no need of custodial interrogation of the applicants, hence, the applicants may be enlarged on anticipatory bail till conclusion of trial. The applicants are having no criminal history. In support of his submission, learned counsel for the applicants has relied upon the judgement of Hon'ble Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154.
Learned Additional Government Advocate has vehemently opposed the prayer for anticipatory bail to the applicants but could not dispute the aforesaid facts.
I have considered the rival submissions advanced by learned counsel for the parties and perused the entire material available on record.
The Hon'ble Supreme Court in the case of Aman Preet Singh (Supra), the Court has observed as under:
"10. Insofar as the present case is concerned and the general principles under Section 170 Cr.P.C., the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.
11. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this."
In Aman Preet Singh (supra), the Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, particularly seeing the fact that the applicants are having no criminal history and during investigation fully cooperated and participated in the investigation, I am of the opinion that it is a fit case for grant of bail to the applicants.
Accordingly, the anticipatory bail application is hereby allowed.
Let the applicants-Noori Nazneen and Naushad Sheikh be enlarged on anticipatory bail in above case crime number till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:-
(i) the applicants shall file an undertaking to the effect that they 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;
(ii) the applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. The applicants shall cooperate in the investigation;
(iii) in case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 174-A of the Indian Penal Code; and
(iv) the applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
(v) The accused/appellants shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
With the aforesaid observation/direction, this anticipatory bail application is allowed.
Order Date :- 3.8.2022
Ajeet
