Allahabad High Court
Soni @ Sonia vs State Of U.P. And 2 Others on 27 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2718 of 2022
Applicant :- Soni @ Sonia
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Ravindra Pal Singh Kashyap,Akshay Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 582 of 2020, under sections 363, 366 I.P.C., Police Station Sarai Inayat, District- Prayagraj, during the pendency of investigation.
Pursuant to order of this Court dated 18.5.2022, victim- Pooja @ Archana is present before this Court and duly identified by Mr. A.K. Shukla, advocate appearing on behalf of applicant.
Victim, Pooja @ Archana has given statement before this Court that she had solemnized marriage with co-accused Uday Pratap Chandra @ Lochan and residing with him happily. Further, she also stated before the Court that she wants to live with her husband- Uday Pratap Chandra @ Lochan.
Learned counsel for the applicant submits that under such facts of the case, no case is made out against the applicant and she may be granted anticipatory bail. Applicant has no criminal history.
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 applicant, he 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 Soni @ Sonia 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 his passport, if any, to the concerned Court forthwith. His 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.
Order Date :- 27.5.2022/Arvind
