Allahabad High Court
Guddi Devi vs State Of U.P. And Another on 15 May, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:104207
Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4357 of 2023
Applicant :- Guddi Devi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjeet Kumar Dubey,Aishwarya Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed today is taken on record.
3. Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant and Sri V.K. Gupta, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.333 of 2022, registered under Sections 452, 323, 354-B, 504, 506, 308 and 325 IPC at Police Station- Khair, District Aligarh with a prayer to enlarge her on anticipatory bail.
5. As per prosecution story, the applicant along with her three sons are stated to have barged into the house of the informant thereby causing injuries to three persons in all and later on are stated to have even outraged the modesty of the daughter of the informant thereby tearing her clothes.
6. Learned counsel for the applicant has stated that the applicant is a lady and has been falsely implicated in the present case. Her role is at a different footing to the co-accused persons and even no role has been assigned to the applicant in the statement recorded u/s 164 Cr.P.C. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of her arrest. Learned counsel for the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but has not disputed the fact that as per the statement recorded u/s 164 Cr.P.C., no role has been assigned to the applicant.
8. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Guddi Devi be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make herself available for interrogation by a police officer as and when required;
(ii). that 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 to any police officer or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Krishan Pahal, J.)
Order Date :- 15.5.2023
Ravi Kant
