Allahabad High Court
Smt. Kusum Sahu And Another vs State Of U.P. on 13 June, 2022
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4421 of 2022
Applicant :- Smt. Kusum Sahu And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Veer Bhagat Singh Kushwaha
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Veer Bhagat Singh Kushwaha, learned counsel for applicants and the learned Additional Government Advocate for Stat.
This application for anticipatory bail has been filed by applicants in connection with Case Crime No. 556 of 2019, under Sections 420, 467, 468 and 471 I.P.C., Police Station-Kotwali, District Lalitpur.
Learned counsel for the applicants has submitted that the accused-applicants are innocent and have been falsely implicated in the present case. He has further submitted that initially the applicants have been granted anticipatory bail by this Court vide order dated 12.09.2019 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C No.33584 of 2019 till submission of police report under Section 173 (2) Cr.P.C. He has further submitted that thereafter charge sheet has been submitted against the applicant and learned Magistrate has taken recognizance against the applicants. He has further submitted that once the bail is granted during the investigation, then there is no need to apply fresh bail in view of law laid down in the case of Sushila Agrawal and others v. State (N.C.T.) of Delhi and others.
Learned AGA has opposed the prayer for bail, but could not dispute the said facts.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, they are 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants-Smt. Kusum Sahu and Ram Kumar Sahu, 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 applicants 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 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; and
(3) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(5) The applicants shall file an undertaking to the effect that they 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 applicants.
(6) In case, the applicants misuse 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 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.
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 applicants.
With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 13.6.2022
Ajeet
