Allahabad High Court
Smt. Asha Kushwaha vs State Of U.P. Thru. Prin. Secy. ... on 25 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. - 1811 of 2021
Applicant :- Smt. Asha Kushwaha
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lucknow
Counsel for Applicant :- Dinesh Chandra Shukla,Saurabh Mishra
Counsel for Opposite Party :- G.A.,Anand Kumar Srivastava,Praveen Kumar Tripathi
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.306 of 2020, under Sections 471, 468, 467, 504, 420 and 406 I.P.C., Police Station Vibhuti Khand, District Lucknow
Heard learned counsel for the applicant and learned A.G.A. for the State who ha opposed the bail prayer. None appears for the complainant even in revised list.
Gist of the issue involved in the present anticipatory bail application is given in order dated 25.3.2021, which is extracted below :
"1. On the oral request of learned counsel for the accused-applicant, the complainant is impleaded as party-opposite party No.2.
Let necessary amendment be carried out during the course of the day.
2. Notice on behalf of State has been accepted by learned A.G.A.
3. Issue notice to newly added opposite party. Steps to be taken up by tomorrow for service of notice to opposite party no.2.
4. Learned counsel for the accused-applicant submits that the accused-applicant's husband had taken some money from the husband of the complainant and some money has been returned. Some money is yet to be returned. He further submits that accused-applicant and her husband both have all intentions to return every penny of the complainant and her husband. He also submits that there is likelihood that the matter be settled between them, if the complainant and her husband appears before this Court.
5. Considering the aforesaid submissions, complainant is directed to appear before this Court along with her husband on the next date fixed. The accused-applicant is also directed to remain present before this Court along with her husband.
6. List this case on 13.4.2021.
7. Till the next date of listing, the accused-applicant shall not be arrested in pursuance of F.I.R./Case Crime No. 306 of 2020, under Sections 471, 468, 467, 504, 420, 406 I.P.C., registered at Police Station- Vibhuti Khand, District- Lucknow subject to following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-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
(iii) That the accused-applicant shall not leave India without the previous permission of the Court."
Considering the fact that the first information report has been lodged after delay of five months, the applicant has no criminal antecedent, charge sheet has been filed, and the dispute primarily seems to be between the co-accused and the informant, the applicant being the wife of the co-accused appears to have been made accused, the applicant has cooperated in the investigation and further undertakes to cooperate in the trial and without expressing any opinion on the merit of the case, 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 his cooperation in the trial.
In view of the above. 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 :- 25.1.2023
kkb/
