Allahabad High Court
Smt. Rubi Yadav vs State Of U.P. And Another on 5 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:230127
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13100 of 2023
Applicant :- Smt. Rubi Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.Vakalatnama on behalf of informant has been filed by Mr Rohit Yadav, Advocate today, which is taken on record.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 28 of 2023, (Case No. 24341 of 2023) under sections 147, 323, 504, 306 IPC, P.S. Makkhanur, District Firozabad, during the pendency of application/Trial.
3. Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. It is further submitted that applicant is wife of deceased and the incident took place on 4.2.2023 and the FIR has been lodged on 8.2.2023 without any explanation of delay. It is further submitted that applicant is lady having three minor children. It is further submitted that the deceased died in train accident regarding which inquest report was prepared and the informant was present at that point of time and nothing was asserted by him in respect of any offence whatsoever having been committed under Section 306 I.P.C. The applicant is having definite apprehension that he may be arrested by the police any time.
4. It is further submitted that the applicant has earlier challenged the FIR by filing Criminal Misc Writ Petition No. 3261 of 2023 in which interim protection was granted to the applicant vide order dated 20.3.2023 till submission of charge sheet and now the charge sheet has been filed and cognizance was taken on 13.07.2023. It is further submitted during investigation no credible evidence has been collected against the applicant.
5. Learned AGA has opposed the prayer for bail, but could not dispute the said facts.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant Smt. Rubi Yadav involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) 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 him from disclosing such facts to the Court or to any police officer; and
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 5.12.2023
RavindraKSingh
