Allahabad High Court
Savita vs State Of U.P. on 11 October, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:196236
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11173 of 2023
Applicant :- Savita
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Faisal Khan
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Sri Mohammad Faisal Khan, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.444 of 2012, under Sections 363, 366 I.P.C., P.S.- Kotwali Nagar, District- Muzaffar Nagar.
3. Brief facts of the case are that on 16.5.2012 at 06:30 a.m. the complainant Tilakram lodged an FIR that his minor daughter aged about 15 years was kidnapped from his house on 12.5.2012 at 05:30 p.m. by accused Madho, Sunny and Savita. The second daughter of the complainant, Soniya, was present at the home at that time of incident, however, the complainant could not be able to recover her daughter.
4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant is lady and as such no offence is made out against the applicant. He submitted that earlier the applicant has approached this Court challenging the charge sheet in Application U/S 482 Cr.P.C. No.17078 of 2013 and the co-ordinate Bench of this Court vide order dated 17.5.2013 has stayed the arrest of the applicant till the next date of listing. Thereafter, during the pendency of the aforesaid case, learned C.J.M. concerned vide order dated 18.12.2020 summoned the applicant vacating the interim protection granted by this Court in light of the judgment of the Apex Court in the case of Asian Resurfacing of Road Agency Private Ltd. and another Vs. Central Bureau of Investigation (2018) 16 SCC 299. He further submitted that the court below in Session Trial No. 91 of 20212 separated the trial of other accused persons from the appellant wherein the victim and other witnesses turned hostile, copy of the order dated 30.4.2013 passed by the court below is annexed as Annexure No.15 to the affidavit. Learned counsel for the applicant drawn attention of this Court towards the statement of the victim in which she has stated that she did not lodged the present FIR against the applicant and she herself turned hostile. The applicant is having no previous criminal history as has been mentioned in paragraph 16 of the affidavit. Learned counsel for the applicant further submits that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, she will not misuse the liberty and would co-operate with the trial.
5. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the submissions advanced by learned counsel for the applicant.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant and the victim herself has turn hostile, she is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Savita, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(ii) 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.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. The trial court is directed to expedite the trial, expeditiously, in accordance with law, within a period of six months from today.
10. With the aforesaid observations/ directions, the application stands allowed.
Order Date :- 11.10.2023
Krishna*
