Allahabad High Court
Manisha vs State Of U.P. on 22 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:242876
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13371 of 2023
Applicant :- Manisha
Opposite Party :- State of U.P.
Counsel for Applicant :- Shiva Kant Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Shiva Kant Dubey, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.010 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station Noth (Uttar), District Firozabad.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant has never committed any offence as alleged in the impugned FIR. The FIR is delayed about 20 years but in this regard no plausible explanation has been mentioned. The applicant is purchaser of plot in question. Dispute is purely civil in nature but has given criminal colour. A suit for cancellation of sale deed is also filed, which is still pending. He further submits that co-accused Kusma Devi, who is purchaser of the land in dispute, has already been granted regular bail by a coordinate Bench of this Court vide order dated 06.10.2023 passed in Criminal Misc. Bail Application No.39749 of 2023, copy of the same has been annexed as Annexure No.6 to the affidavit filed in support of the application. He further submits that the investigation is going on and till date no charge sheet has been filed. The applicant is having no previous criminal history as has been mentioned in paragraph 9 of the affidavit. He further submits that there is apprehension of imminent arrest of the applicant and in case, the applicant is released on anticipatory bail, she will not misuse the liberty and would co-operate with the trial.
4. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid contentions raised by learned counsel for the applicant.
5. 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.
6. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Manisha, involved in the aforesaid crime be released on anticipatory bail till conclusion of trial 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:-
(i) 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.
(ii) 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.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that she 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.
(vi) 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.
(vii) 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 her bail and proceed against her in accordance with law.
7. 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.
8. With the aforesaid observations/ directions, the application is disposed of.
Order Date :- 22.12.2023
Ajeet
