Chhotu v. State of U.P., this anticipatory bail application is being heard. Grant of furthe

2. Heard Sri Pankaj Kumar Ojha, learned counsel for the applicant and Sri Chandan Agrawal, learned counsel for the State and perused the record.

3. The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Amrita Rajput, seeking anticipatory bail, in the event of arrest in Case Crime No. 0137 of 2020, under Sections 13(1)(d)(iii) of the Prevention of Corruption Act, 1968 and under Sections 120-B, 201, 204, 471, 468, 467, 420, 409 IPC, Police Station Bela, District Auraiya.

4. Prior notice of this anticipatory bail application was served in the office of the learned Government Advocate, High Court, Allahabad and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, 1952 and as per direction dated 20.11.2020 of a co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.: 8072 of 2020 - Govind Mishra @ Chhotu Versus State of U.P., this anticipatory bail application is being heard. Grant of further time to the learned State counsel as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required since learned counsel for the State informs the Court that he has received the required instructions in the matter.

5. Learned counsel for the applicant at the very outset while placing para 8 of the affidavit submits that no charge sheet in the aforesaid case has been submitted against the applicant and the investigation is still going on. It is further submitted that initially after lodging of the FIR, the applicant was granted stay of arrest by a Division Bench of this Court vide order dated 23.09.2021 in Crl. Misc. Writ Petition No. 7937 of 2021 (Amrita Rajput Vs. State of U.P. and 3 others) but due to some confusion the matter was subsequently dismissed for want of prosecution vide order dated 16.02.2023. The order passed in the writ petition has been placed before the Court which is annexure 6 to the affidavit, the same reads as under: "Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. This writ petition has been preferred for quashing the impugned First Information Report dated 01.07.2020, registered as Case Crime No. 0137 of 2020, under Sections-13(1) (d) (iii) of the Prevention of Corruption Act, 1988 and Sections 120-B, 201, 204, 471, 468, 467, 420, 409 I.P.C. Police Station-Bela, District-Auraiya, to the extent of the petitioner. Learned counsel for the petitioner, in support of his submissions, has placed reliance upon an order dated 05.07.2021, passed by coordinate Division Bench of this Court at Lucknow Bench, in Misc. Bench No. 13345 of 2021, Gyanendra Singh Dubela vs. State of U.P. through Principal Secretary, Home & Ors. by means of which an interim protection was granted to the petitioner. He further placed reliance upon an interim order, accorded by Hon'ble Apex Court, in Special Leave to Appeal (C) No (S) 7157-7160 of 2021. He submits that consequent upon passing of the interim order, by the Hon'ble Apex Court, Single Bench of this Court, has also accorded relief vide order dated 01.09.2020, in Writ A No. 6074 of 2020, Amrita Rajput vs. State of U.P. & 2 Ors. and as such the indulgence, as has been accorded by Divsiion Bench of this Court in Gyanendra Singh Dubela (supra) may also be accorded to the petitioner of the present petition. Matter requires consideration. Issue notice to the respondent no. 4. Steps be taken within a week returnable at an early date. Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The petitioner will have one week thereafter, for filing rejoinder affidavit. List after expiry of the aforesaid period. Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioner- Amrita Rajput in Case Crime No. 0137 of 2020, under Sections-13(1) (d) (iii) of the Prevention of Corruption Act, 1988 and Sections 120-B, 201, 204, 471, 468, 467, 420, 409 I.P.C. Police Station-Bela, District-Auraiya, shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."

6. It is further submitted that many persons were also made accused in the present matter and other matters and the arrest of the persons were stayed by the Apex Court in Writ Petition (Criminal) No. 283 of 2022 (Rajesh Kumar Chaturvedi and others Vs. State of U.P.) vide order dated 29.07.2022 (annexure 7 to the affidavit). It is submitted that the applicant is a lady. It is further submitted that the applicant has no criminal history as stated in para 33 of the affidavit.

7. Per contra, learned counsel for the State could not dispute the arguments as aforesaid.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the investigation in the present matter has remained pending since last four years is unacceptable.

9. Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.

10. In view above, it is provided that in the event of arrest of the applicant Amrita Rajput, involved in the aforesaid case, she shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) the applicant shall make herself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned.

11. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

12. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

13. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

14. The anticipatory bail application is disposed of. Order Date :- 16.1.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Pankaj Kumar Ojha, learned counsel for the applicant and Sri Chandan Agrawal, learned counsel for the State and perused the record.

3. The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Amrita Rajput, seeking anticipatory bail, in the event of arrest in Case Crime No. 0137 of 2020, under Sections 13(1)(d)(iii) of the Prevention of Corruption Act, 1968 and under Sections 120-B, 201, 204, 471, 468, 467, 420, 409 IPC, Police Station Bela, District Auraiya.

4. Prior notice of this anticipatory bail application was served in the office of the learned Government Advocate, High Court, Allahabad and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, 1952 and as per direction dated 20.11.2020 of a co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.: 8072 of 2020 - Govind Mishra @ Chhotu Versus State of U.P., this anticipatory bail application is being heard. Grant of further time to the learned State counsel as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required since learned counsel for the State informs the Court that he has received the required instructions in the matter.

5. Learned counsel for the applicant at the very outset while placing para 8 of the affidavit submits that no charge sheet in the aforesaid case has been submitted against the applicant and the investigation is still going on. It is further submitted that initially after lodging of the FIR, the applicant was granted stay of arrest by a Division Bench of this Court vide order dated 23.09.2021 in Crl. Misc. Writ Petition No. 7937 of 2021 (Amrita Rajput Vs. State of U.P. and 3 others) but due to some confusion the matter was subsequently dismissed for want of prosecution vide order dated 16.02.2023. The order passed in the writ petition has been placed before the Court which is annexure 6 to the affidavit, the same reads as under: "Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. This writ petition has been preferred for quashing the impugned First Information Report dated 01.07.2020, registered as Case Crime No. 0137 of 2020, under Sections-13(1) (d) (iii) of the Prevention of Corruption Act, 1988 and Sections 120-B, 201, 204, 471, 468, 467, 420, 409 I.P.C. Police Station-Bela, District-Auraiya, to the extent of the petitioner. Learned counsel for the petitioner, in support of his submissions, has placed reliance upon an order dated 05.07.2021, passed by coordinate Division Bench of this Court at Lucknow Bench, in Misc. Bench No. 13345 of 2021, Gyanendra Singh Dubela vs. State of U.P. through Principal Secretary, Home & Ors. by means of which an interim protection was granted to the petitioner. He further placed reliance upon an interim order, accorded by Hon'ble Apex Court, in Special Leave to Appeal (C) No (S) 7157-7160 of 2021. He submits that consequent upon passing of the interim order, by the Hon'ble Apex Court, Single Bench of this Court, has also accorded relief vide order dated 01.09.2020, in Writ A No. 6074 of 2020, Amrita Rajput vs. State of U.P. & 2 Ors. and as such the indulgence, as has been accorded by Divsiion Bench of this Court in Gyanendra Singh Dubela (supra) may also be accorded to the petitioner of the present petition. Matter requires consideration. Issue notice to the respondent no. 4. Steps be taken within a week returnable at an early date. Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The petitioner will have one week thereafter, for filing rejoinder affidavit. List after expiry of the aforesaid period. Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioner- Amrita Rajput in Case Crime No. 0137 of 2020, under Sections-13(1) (d) (iii) of the Prevention of Corruption Act, 1988 and Sections 120-B, 201, 204, 471, 468, 467, 420, 409 I.P.C. Police Station-Bela, District-Auraiya, shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."

6. It is further submitted that many persons were also made accused in the present matter and other matters and the arrest of the persons were stayed by the Apex Court in Writ Petition (Criminal) No. 283 of 2022 (Rajesh Kumar Chaturvedi and others Vs. State of U.P.) vide order dated 29.07.2022 (annexure 7 to the affidavit). It is submitted that the applicant is a lady. It is further submitted that the applicant has no criminal history as stated in para 33 of the affidavit.

7. Per contra, learned counsel for the State could not dispute the arguments as aforesaid.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the investigation in the present matter has remained pending since last four years is unacceptable.

9. Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.

10. In view above, it is provided that in the event of arrest of the applicant Amrita Rajput, involved in the aforesaid case, she shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) the applicant shall make herself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned.

11. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

12. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

13. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

14. The anticipatory bail application is disposed of. Order Date :- 16.1.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad