High Court
Case Details
Neutral Citation No. - 2025:AHC:112662 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2293 of 2025
Legal Reasoning
Applicant :- Smt. Sadhana Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh,Gopal Misra,Mohd. Irfan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard counsel for the applicant and Sri N.K. Sharma, learned A.G.A. for the State. Perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.180 of 2022, under section 420 I.P.C., P.S. Baradari, District Bareilly. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Prior dispute exists between the applicant and the informant. The applicant has also lodged a first information report against the informant registered as Case Crime No. 404 of 2021, under Section 376D, 323, 326, 506, 406 I.P.C., P.S. Ganj, District Rampur. It is next contended that necessary ingredients to constitute the offence under Section 420 I.P.C. are not made out against the applicant. During the course of investigation, the applicant was granted the benefit of Section 41- A I.P.C. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. Counsel for applicant further contends that the maximum sentence provided for the alleged offences is upto seven years. He submits that in view of the judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, the applicant is entitled to be enlarged on anticipatory bail. The criminal history of the applicant has been explained in para 18 of the bail application. The applicant is a lady and has apprehension of her arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. The Supreme Court in the case of Satender Kumar Antil (supra) has laid down the guidelines with regard to enlargement of an accused on bail. The guidelines provided category/type of offences. One of the category being Category-A are offences punishable with imprisonment of seven years or less. The Supreme Court in paragraph-3 of the aforesaid judgment has laid down the guidelines that after the filing of the charge sheet/cognizance ordinary the summons are required to be issued permitting the appearance of the accused through Lawyer and the bail applications of the accused persons on appearance are to be decided without the accused being taken into custody or by granting interim bail. A perusal of the aforesaid guidelines would demonstrate that the liberty of an individual has been recognized by the Hon'ble Supreme Court in the aforesaid judgment in term of Article 21 of the Constitution of India. 7. It is further to be noted that as per Section 41-A I.P.C. also during investigation the liberty of an individual is protected in respect of an offence where the maximum punishment provided is upto seven years. 8. It is not the case of the opposite party that applicant was arrested for the alleged offences during investigation and it is also not the case of the opposite party that the applicant had not co-operated in the investigation. Once no apprehension has been raised with regard to the conduct of the applicant and the applicant has been charge-sheeted and summoned in respect of offence in which punishment provided is upto seven years, then in view of the judgment of the Supreme Court in Satender Kumar Antil (supra), the liberty of the individual is required to be protected. 9. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would dis-entitle the applicant for relief of anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 10. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State. 11. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that prior dispute exists between the applicant and the informant, the applicant has also lodged a first information report against the informant, the fact that during the course of investigation, the applicant was granted the benefit of Section 41-A I.P.C., the fact that the offences against the applicant are punishable up to seven years and adhering to the guidelines provided in the judgment of the Supreme Court in Satender Kumar Antil (supra), charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 12. In the event of arrest, the applicant Smt. Sadhana Singh be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make herself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her before the concerned court. 13. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
Decision
14. The application stands disposed of. Order Date :- 14.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad