Allahabad High Court
Smt. Simirati Devi vs State Of U.P. on 20 October, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9437 of 2022
Applicant :- Smt. Simirati Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and Sri R.P. Patel, 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.452 of 2018 registered under Sections 419, 420, 323, 504, 506 and 406 IPC at Police Station- Piparaich, District Gorakhpur with a prayer to enlarge her on anticipatory bail.
Admittedly, a civil suit is pending between the parties although learned counsel for the applicant has stated that the applicant is the main accused person. The co-accused persons, Israwati Devi and Smt. Allaha Devi, have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 6.7.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.4374 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 him.
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 persons have 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- Smt. Simirati 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 :- 20.10.2022
Ravi Kant
