Allahabad High Court
Smt. Sarojani Mishra vs State Of U.P. And Another on 13 May, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8065 of 2021
Applicant :- Smt. Sarojani Mishra
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sudhir Kumar (Chandraul)
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel on behalf of the applicant and the learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant,Smt. Sarojani Mishra with a prayer to release her on bail in Case Crime No. 0042 of 2020, under Sections 307, 342, 504, 323 I.P.C., Police Station-Manikpur, District-Chitrakoot during pendency of trial.
Learned counsel for the applicant submits that co-accused Paras Mishra and Ankit Chikwa have already been granted bail vide order dated 23.6.2020 in Crl. Misc. Bail Application No. 16234 of 2020. It is further submitted that no specific allegation has been made against the applicant in the alleged F.I.R. As per knowledge of applicant injury received to the injured is simple in nature and there is no any grievous injury sustained to any person. That applicant has no previous criminal history. Learned counsel for the applicant has placed reliance on a judgement of the Supreme Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
Learned AGA vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.
Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That 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 them from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he 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.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. 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 his bail and proceed against him in accordance with law.
Order Date :- 13.5.2022
Vibha Singh
