Devmati Devi vs State Of U.P. And 2 Others
2022 Latest Caselaw 18367 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10643 of 2022
 

 
Applicant :- Devmati Devi
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- M.S. Chauhan,Shivkumari Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.

Heard Sri M.S. Chauhan, learned counsel for the applicant and Smt. Ladli Pandey, learned A.G.A. for the State as well as perused the record.

The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.40A of 2006, under Sections 409, 420, 467, 468, 471, 120B and 34 IPC, Police Station- Nagra, District Ballia with a prayer to enlarge her on anticipatory bail.

Learned counsel for the applicant has submitted that co-accused person, Vazir Ahmad, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 16.11.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.10738 of 2022. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. There are no criminal antecedents of the applicant. Learned counsel for the applicant undertakes that she will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by her.

On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the fact that the co-accused person has already been enlarged on anticipatory bail, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Devmati Devi be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/Court concerned with the following conditions:-

1. that the applicant shall make herself available for interrogation by a police officer as and when required;

2. 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

3. that the applicant shall not leave India without the previous permission of the court;

4. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

5. that the applicant shall not pressurize/ intimidate the prosecution witness;

6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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.

Order Date :- 22.11.2022

Ravi Kant