Allahabad High Court
Shabanam vs State Of U.P. Thru.Prin.Secy. ... on 7 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:52046
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 344 of 2023
Applicant :- Shabanam
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
Counsel for Applicant :- Harsh Vardhan Kediya,Nadeem Murtaza
Counsel for Opposite Party :- G.A.,Ajay Bahadur Yadav
Hon'ble Subhash Vidyarthi,J.
1. Sri Harsh Vardhan Kediya, learned counsel for the applicant, learned A.G.A and Sri Mohd. Ahmad, holding brief of Sri Ajay Bahadur Yadav, learned counsel for the informant are present.
2. On 13.02.2023, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order:
"The present bail application under Section 438 Cr.PC. has been filed by the applicant seeking anticipatory bail in case crime No.0372 of 2022, under Section 304 IPC, Police Station Wazirganj, District Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
It is alleged in the prosecution case that the informant gave a written information to the Police Station alleging that her husband Shafeeq Raza used to run a general store at Bans Mandi on 26.12.2022 at about 7.30 p.m. when the accused persons namely Shafeeq and Shabanam has beaten her husband with fists and kicks due to some trivial monetary transaction. Her husband was taken to the hospital for treatment where he succumb to death. Learned counsel for the applicant submits that even if the entire prosecution story is taken as it is there was no intention to commit the offence. No motive has been attributed to the present applicant. The applicant is a lady and has no criminal antecedent. The story of the prosecution as per the eye witness Chand Babu that after the incident one Danish and Shikra took the deceased in an unconscious state to the Balrampur Hospital where he was declared dead. Learned counsel for the applicant submits that a letter of the ward-boy who has requested for the inquest contradicts this story where it is alleged that the deceased was brought by Mohd. Islam and Jahid when he had already died. A perusal of the inquest report as well as postmortem report also do not reflect any antemortem injuries on the body of the deceased which also falsifies the prosecution story. The applicant has been falsely implicated in this case. The investigation is going on. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
Issue notice to respondent No. 2 returnable at an early date.
Learned Addl. Government Advocate prays for and is allowed fifteen days' time to file objections/counter affidavit.
List on 21.03.2023.
On due consideration to the argument advanced; perusal of the record; and the fact that the applicant is a lady having no criminal antecedents; have undertaken to cooperate in the investigation and also the postmortem report and the inquest as well as the statement of the independent witness; and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned.
The applicant shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court"
3. The State has filed a counter affidavit but nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.The material annexed with the counter affidavit was already there on record with the affidavit filed in support of the bail applicant.
4. The learned counsel for the applicant has filed rejoinder affidavit.
5. A supplementary affidavit has been filed on behalf of the applicant wherein it has been stated that her statement under Section 161 Cr.P.C. has already been recorded on 21.02.2023 and she has furnished the bail bonds on the same day.
6. Learned A.G.A. could not point out any violation of the conditions of interim anticipatory bail committed by the applicant.
7. Keeping in view the aforesaid fact, particularly the fact that the applicant is cooperating and nothing has been brought on record in violation of conditions of bail of the applicant, I am of the view that the interim order dated 13.02.2023 is made absolute and the anticipatory bail application is allowed.
(Subhash Vidyarthi,J.)
Order Date :- 7.8.2023
Preeti.
