Allahabad High Court
Smt. Parveena Devi vs State Of U.P. And Another on 17 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. - 4017 of 2022
Applicant :- Smt. Parveena Devi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajat Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned learned counsel for the applicant and Sri Abhinav Prasad, learned Brief Holder for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicant - Smt. Parveena Devi involved in Case Crime No. 129 of 2021, under Sections 420, 467, 468, 471 IPC, Police Station Iglas, District Aligarh, during pendency of trial.
It is contended on behalf of the applicant that she is innocent and has been falsely implicated in the present case. She did not commit any offence as alleged. It is further submitted that she has been implicated in the present case due to ulterior motive. The applicant has no criminal antecedent. Learned counsel for the applicant has drawn attention of the Court to several bail orders passed in the matter wherein first information reports were lodged on identical facts and allegations. Copy of said orders have been appended as Annexure-6 to the affidavit filed in support of bail application. He seeks parity.
Learned counsel for the State vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and her antecedents, the applicant is entitled to be released on anticipatory bail in this case as per the Constitution Bench judgement of the Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1. The future contingencies regarding anticipatory bail being granted to the applicant shall also be taken care of as per aforesaid judgement of the Apex Court.
In the event of arrest the applicant is arrested, she shall be released on anticipatory bail in the aforesaid case crime number for the aforesaid offences 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 her passport, if any, to the concerned trial Court forthwith. Her 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 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.
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 her bail and proceed against her in accordance with law.
The anticipatory bail application is accordingly disposed of.
Order Date :- 17.5.2022
DS
