Allahabad High Court
Noorjahan vs State Of U.P. Thru. Prin. Secy. ... on 12 January, 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. - 11597 of 2021
Applicant :- Noorjahan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anr.
Counsel for Applicant :- Ashok Kumar,Chandra Prakash,Neeraj Kumar Rastogi
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Vide order dated 08.10.2021, the applicant was granted interim protection by a Co-ordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below:
"Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.1039 of 2021, under Sections 120-B, 419, 420, 467, 468, 471, I.P.C., Police Station Kheri, District Kheri with the prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has submitted that due to some property dispute in the family, the F.I.R. in question has been lodged. He further submitted that now, the issue has been resolved in the family and the informant has given an application dated 19.02.2021 to the Superintendent of Police, Lakhimpur Kheri which is appended as annexure No.3 along with the affidavit. He further submitted that investigation is going on since 17.09.2020 and she was co-operating in the investigation. He further submitted that the applicant does not have any criminal antecedent and she is ready to co-operate in the investigation, but she is having apprehension that she may be arrested, therefore, kind indulgence of this Court is necessary.
Learned A.G.A. has opposed the prayer of the applicant and submitted that investigation of the present case is going on and there is no apprehension of arrest, therefore, the applicant is not entitled for interim bail.
Considering the arguments of the learned counsel for the applicant as well as learned A.G.A. and going through the contents of the F.I.R. and other documents annexed with the anticipatory bail application, I am of the view that the matter requires consideration and as an interim measure, in case, the applicant is taken into custody by the Investigating Officer/Investigating Agency then she shall be released forthwith on interim bail after taking personal bond of Rs.50,000/- with the following conditions:-
(1) The applicant shall make himself available for interrogation by a police officer as and when required;
(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;
(3) The applicant shall not leave the District concerned without the previous permission of the court.
List this case on 22.11.2021.
In the meantime, learned A.G.A. may file counter affidavit. "
Learned counsel for the applicant submits that applicant is a lady. The applicant has not misused the liberty granted by this court. The chargesheet has been filed in the matter. She undertakes to cooperate in the trial.
Learned AGA has opposed the prayer made by the applicant's counsel, however, he does not dispute the fact that the the dispute is civil in nature and between the family members which has now been settled, as per information given by the informant to the police and the applicant has cooperated during investigation.
On due consideration to the submissions advanced by learned counsel for the parties as well as perusal of the record, so also the fact that applicant is a lady, chargesheet has been filed in the matter and the applicant has not misused the liberty granted to her by the Court, 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 interim order dated 08.10.2021 is affirmed. However, the accused-applicantNoorjahan 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 the same bail bond(s) as executed by her consequent to the order passed by this Court, as extracted above, subject to his satisfaction, 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 her 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.
It is further made clear that in case the accused-applicant has not been arrested during investigation, then he shall be released on bail as directed above, on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 12.1.2023
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