Allahabad High Court
Smt Virendri vs State Of U.P. on 6 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:80528
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4254 of 2024
Applicant :- Smt Virendri
Opposite Party :- State of U.P.
Counsel for Applicant :- Kashi Naresh Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Kashi Naresh Mishra, learned counsel for the applicant, Ms. Ifra Islam, learned Additional Government Advocate for the State and perused the records.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.152 of 2023, under Sections 363, 120B IPC at Police Station- Tappal, District Aligarh with a prayer to enlarge her on anticipatory bail.
4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant in collusion with co-accused Gulshan Kumar as she had facilitated in the said talks between the victim and co-accused Gulshan Kumar.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by four days and there is no explanation of the said delay. There is no whisper of a single word against the applicant in the statement of the victim, which has been recorded under Section 164 Cr.P.C. The applicant is a lady. The applicant has no criminal antecedents. 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. The applicant has apprehension of her arrest. Learned counsel has stated that 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.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
7. 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 Supreme Court.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Smt. Virendri 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.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 6.5.2024
Priya
(Krishan Pahal, J.)
