Allahabad High Court
Radha Devi vs State Of U.P. Thru Prin.Secy. And ... 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. - 14600 of 2021
Applicant :- Radha Devi
Opposite Party :- State Of U.P. Thru Prin.Secy. And Anr.
Counsel for Applicant :- Shailendra Pathak,Km. Anjali Gautam
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application for anticipatory bail in Case Crime No.579 of 2020 under sections 406, 409, 420 I.P.C., P.S.- Motipur, District -Bahraich.
Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail.
Gist of the issue involved in the present anticipatory bail application is given in order dated 21.12.2021, which is extracted below :
"The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.579 of 2020 under sections 406, 409, 420 I.P.C., P.S. Motipur, district Bahraich.
Heard learned counsel for the applicant and perused the record.
It is submitted on behalf of the applicant that the applicant is Gram Pradhan. She has been falsely implicated as she refused to give commission to the officers. The delay in making the toilets is due to Covid-19 pandemic. The applicant has no criminal history. Offences are triable by Magistrate.
It is submitted that 329 eligible beneficiaries were selected and out of that 175 lavatories have been constructed by the applicant and she further undertakes that the applicant shall construct the remaining lavatories as per prescribed parameters, expeditiously.
Considering the above aspects of the matter and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Issue notice to respondents.
Let counter affidavit(s) be filed by the next date of listing.
List on 19.1.2022.
Without expressing any opinion on ultimate merit of the case, this Court directs that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting officer.
The applicant is directed to cooperate with the investigation and he shall attend the investigation as and when required by the investigating officer. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
Considering the fact that the applicant was granted interim protection vide order extracted above, she has cooperated in the investigation and further undertakes to cooperate in the trial, the anticipatory bail application 9412 of 2021 of the co-accused Sandeep Kumar Tripathi has been allowed today by this court, 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, who is a lady, 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
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