Allahabad High Court
Rita Verma And Another vs State Of U.P. Thru. Its Addl. Chief ... on 12 July, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1093 of 2022
Applicant :- Rita Verma And Another
Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Vinay Kumar Verma,Neetesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Vinay Kumar Verma, learned counsel for the applicants and Sri S.P. Tiwari, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.176 of 2021 registered under Sections 147, 148, 149, 332, 336, 337, 341, 353, 504, 427, 307 IPC & & Criminal Law (Amendment) Act, at Police Station- Kothi, District Barabanki with a prayer to enlarge them on anticipatory bail.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR. The co-accused persons, Kiran Devi @ Kiran Verma, Usha Devi Verma, Rinki Verma, Anshu Verma and Swati Verma, have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 26.05.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos.781 of 2022. Therefore, the present applicants are also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicants undertake that the will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Rita Verma and Smt. Tarawati be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 12.7.2022
Ravi Kant
