High Court
Case Details
Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7761 of 2022 Applicant :- Smt Kailashi Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Legal Reasoning
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant-Smt Kailashi Devi with a prayer to release on bail in Case Crime No. 139 of 2021, under Sections 308,323, 504 IPC, Police Station- Sinduriya, District- Maharajganj. It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that the applicant has earlier approached before this Court by means of Criminal Misc. Anticipatory Bail Application No. 4127 of 2022 in which on 24.5.2022 protection was granted to the applicant by this Court till the filing of the charge sheet.It is further submitted that without collecting cogent and credible evidence the Investigating Officer filed charge sheet against the applicant in a routine manner before the court. Learned counsel for the applicant submitted that without any credible evidence general role of inflicting injury to the injured has been assigned to the applicant along with one co-accused Ankita. He further submitted that specific role for inflicting injury by stick/danda has been assigned to co-accused Savru. Therefore, the role of the applicant is distinguishable from the role of co-accused Savru. Co-accused- Ankita having similar role has been granted anticipatory bail by this Court till conclusion of trial in Anticipatory Bail Application No. 4443 of 2022 on 20.7.2022. Therefore, learned counsel for the applicant claims parity. Further submission is that the applicant fully cooperated with the investigation, therefore the applicant may be enlarged on anticipatory bail till conclusion of trial and she is ready to cooperate with the trial. If the applicant is granted anticipatory bail, she will never misuse the same. In support of his submission, learned counsel for the applicants has relied upon the judgement of Hon'ble Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154. Learned Additional Government Advocate has vehemently opposed the prayer for anticipatory bail to the applicant. I have considered the rival submissions advanced by learned counsel for the parties and perused the entire material available on record. The Hon'ble Supreme Court in the case of Aman Preet Singh (Supra), the Court has observed as under: "10. Insofar as the present case is concerned and the general principles under Section 170 Cr.P.C., the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. 11. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this." In Aman Preet Singh (supra), the Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, I am of the opinion that it is a fit case for grant of bail to the applicant. Accordingly, the anticipatory bail application is hereby allowed. Let the applicant-Smt Kailashi Devi be released on bail by the trial Court till conclusion of trial on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions: (i) The applicant shall file an undertaking to the effect that the applicant shall not seek any adjournment on the dates fixed for evidence when 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; (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code. The applicant shall cooperate in the investigation; (iii) In case, the applicant misuses the liberty of bail and in order to secure his/her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant in accordance with law, under Section 174-A of the Indian Penal Code; and (iv) 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 their bail and proceed against them in accordance with law. Order Date :- 15.12.2022 Anuj Singh Digitally signed by ANUJ PRATAP SINGH Date: 2022.12.15 13:16:35 IST Reason: Location: High Court of Judicature at Allahabad