Allahabad High Court
Smt Mithlesh Kumari vs State Of U.P. Thru. Prin. Secy. ... on 9 November, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 463 of 2022
Applicant :- Smt Mithlesh Kumari
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Homes Lko.
Counsel for Applicant :- Dinesh Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting her anticipatory bail application by the order dated 05.03.2022 passed by learned Additional Sessions Judge, Court No. 9, Lucknow, seeking Anticipatory Bail in Case Crime No. 889 of 2021, under Sections 409, 420, 504, 506 IPC, Police Station Gomti Nagar, District Lucknow.
Coordinate Bench of this Court while granting interim anticipatory bail to the applicant vide order dated 25.03.2022 has passed following order :-
"Heard Sri Dinesh Kumar Verma, learned counsel for the applicant, learned AGA for the State and perused the material available on record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0889 of 2021, under Sections 409, 420, 504 and 506 IPC, Police Station Gomti Nagar, District Lucknow, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has submitted that co-accused person, Raj Kumar Goswami, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 03.02.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.130 of 2022. Therefore, the present applicant is also entitled for anticipatory bail. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory protection.
The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
Matter requires consideration.
Learned AGA is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 25.04.2022 in the additional cause list.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail on the ground of parity and in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the 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 accused-applicant- Smt Mithlesh Kumari shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make herself available for interrogation as and when required;
(ii) 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
(iii) the applicant shall not leave India without the previous permission of the Court.
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."
It is submitted by learned counsel for the applicant that till date, no charge-sheet has been submitted in this case. The applicant is cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 25.03.2022 by the Coordinate Bench of this Court. It is also pointed out that interim anticipatory bail order dated 03.02.2022 passed by this Court to co-accused Raj Kumar Goswami in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 130 of 2022 has been made absolute vide final order dated 22.09.2022 and the case of the present applicant stands on similar footing to that of co-accused Raj Kumar Goswami.
Learned AGA for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the appellant.
In view of the above, aforesaid interim anticipatory bail order dated 25.03.2022 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions as indicated in the above order dated 25.03.2022.
With the aforesaid observations and directions, the instant anticipatory bail application stands disposed of.
Order Date :- 9.11.2022
Shubham
