Allahabad High Court
Aashiya Begam vs State Of U.P. And Anr. on 30 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. - 2355 of 2021
Applicant :- Aashiya Begam
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Manoj Kumar Singh
Counsel for Opposite Party :- G.A.,Abhinav Bhattacharya,Ravi Kant Pandey
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.FIR No.019 of 2021, under Sections 436 and 506 IPC lodged at Police Station Ikauna, District Shravasti.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Gist of the issue involved in this case is narrated in the order dated 23.2.2021 passed by this court which is extracted below :
"1. Heard learned counsel for the accused-applicant, learned counsel for respondent no. 2, Mr. Abhinav Bhattacharya, Advocate as well learned Additional Government Advocate, and perused the application, including the Annexures attached therewith.
2. By means of this application under Section 438 CrPC, the accused-applicant has sought anticipatory bail, apprehending her arrest in FIR No.019 of 2021, under Sections 436 and 506 IPC lodged at Police Station Ikauna, District Shravasti.
It is alleged that the accused-applicant, her husband and son set the hut made of thatch on fire, which was an abode of complainant and his family.
3. Learned counsel for the accused-applicant submits that no specific role has been assigned to the accused-applicant, who is 70 years old lady; husband and son of the accused-applicant are already accused.
4. Considering the aforesaid submission, it would be appropriate to grant interim protection to the accused-applicant.
5. Let the application be listed on 05.03.2021.
6. In the meantime, counter/response to the application may be filed by the respondents.
7. Till the next date of listing, accused-applicant, namely, Aashiaya Begum, in the event of her arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make herself 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 them 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."
It is submitted on behalf of the applicant that the applicant has no criminal antecedent. Charge sheet has been filed. The applicant has cooperated in the investigation. He undertakes 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 having no criminal antecedents, the applicant is a lady of 73 years of age, 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 order above extracted is affirmed. 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 :- 30.1.2023
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