Allahabad High Court
Kavita Pathak vs State Of U.P. Thru. Prin.Secy. ... on 10 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 323 of 2023
Applicant :- Kavita Pathak
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt.Lko.
Counsel for Applicant :- Shailesh Sachan,Animesh Bajpai,Gaurav Singh,Jitendra Kumar Bajpai
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0251/2019 under sections 406, 420 I.P.C., P.S. Gazipur, district Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is alleged in the first information report that in December, 2017, the applicant and her husband told the informant that they are making a film and therefor, Rs.8 lacs is required. Since they were known to the informant, therefore, in front of Som Nayak and Pramod Tripathi, Rs. 8 lacs were given to them.. After few days, when the money was demanded, the applicant's husband has given a cheque No.042106 of Allahabad Bank, Indira Nagar Branch. It was mentioned that the cheque was signed by the applicant. It was assured that as soon as the money comes in the account, the payment shall be made to the informant. However, they started making excuses and ultimately when the informant went at the office of the applicant and her husband at Sahara Shopping Centre, Indira Nagar, the informant was made hostage and was beaten.
It is submitted that none of the prosecution witnesses has supported the allegation that the informant was made hostage and any marpeet was done with him. The mode and manner in which the money was transferred has also not been disclosed. He further submits that at the relevant time, demonetization was in process and therefore, it is highly improbable that such a huge amount has been given by cash.
It is submitted that the applicant has no criminal antecedent. The applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents, the applicant is a lady, the statement of the prosecution witnesses, the undertaking given on behalf of the applicant that she shall cooperate in the trial and gravity of offence, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to her cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if she is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 10.2.2023/kkb/
