Allahabad High Court
Munni Devi vs State Of U.P And Another on 6 July, 2022
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3436 of 2022
Applicant :- Munni Devi
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Pankaj Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant and the learned Additional Government Advocate for the State.
By means of present anticipatory bail application, the applicant has shown his apprehension of arrest in Case Crime No. 30 of 2022 under Section 306 of I.P.C. Police Station Chiluwatal, District-Gorakhpur.
The precise contention of the learned counsel for the applicant is that the present applicant has been falsely implicated and prima facie there is no offence made out under Section 306 I.P.C., so as to take the ingredients of Section 306 I.P.C., the factum of abetment should be apparent, besides there must be overt act on the part of the accused having intention to cause harm to the victim, but in the impugned FIR, factum of mensria coupled with overt act is absolutely missing. The present applicant is a lady and she is co-operating with the investigation therefore, her liberty may be protected. Learned counsel for the applicant has given undertaking in the present application that she shall co-operate in the investigation and shall not misuse the liberty of bail.
Per contra, learned AGA has opposed the aforesaid prayer of learned counsel for the applicant but could not dispute the submissions of learned counsel for the applicant.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, she is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant Pramila Devi involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50, 000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) 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 her from disclosing such facts to the Court or to any police officer; and
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) 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 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 her bail and proceed against her in accordance with law.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
With the aforesaid observations/ directions, the application stands disposed of.
[Rajesh Singh Chauhan,J.]
Order Date :- 6.7.2022
SY
