Allahabad High Court
Nazma vs State Of U.P. on 13 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4098 of 2023
Applicant :- Nazma
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Nand Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ajay Nand Pandey, learned counsel for the applicant and Sri Nitin Keshwarni, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Crime No.226 of 2022, registered under Sections 498-A, 306 I.P.C. at Police Station- Doghat, District Baghpat with a prayer to enlarge her on anticipatory bail.
4. Admittedly, the applicant is not named in the FIR. The named accused person Tansir was arrested by the police and he has confessed before the police that the husband of the applicant had illicit relationship with the deceased person as such the applicant had taunted the deceased person and peeved by it she has committed suicide.
5. Learned counsel for the applicant has stated that there is no allegation against the applicant in the FIR. She has been falsely implicated only on the basis of confession of co-accused person which is not admissible under Section 26 of Indian Evidence Act. Learned counsel has placed much reliance on the judgement of the Apex Court in the case of Venkatesh alias Chandra vs. State of Karnataka, AIROnline 2022 SC 595, whereby it is categorically stated that the recovery under Section 27 of the Indian Evidence Act is not a mere formality and the statement made thereupon to the police personnel, is not admissible against him. There is no criminal antecedents of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but could not dispute that applicant was not named in the FIR.
7. On due consideration to the arguments advanced 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 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 applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Nazma be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make herself available for interrogation by a police officer as and when required;
(ii). 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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 13.4.2023/ Vikas
