Allahabad High Court
Smt Yogita vs State Of U.P. And Another on 17 December, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:197185 Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 902 of 2024 Applicant :- Smt Yogita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayush Mishra,Prabha Shanker Mishra,Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Mayank Yadav,Saiyad Iqbal Ahmed,Vivek Kumar Singh with Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1131 of 2024 Applicant :- Chainpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayush Mishra,Prabha Shanker Mishra,Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Mayank Yadav,Saiyad Iqbal Ahmed,Vivek Kumar Singh With Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1180 of 2024 Applicant :- Sonu@ Vivek Opposite Party :- State Of Up Another Counsel for Applicant :- Ayush Mishra,Prabha Shanker Mishra Counsel for Opposite Party :- G.A.,Mayank Yadav,Saiyad Iqbal Ahmed,Vivek Kumar Singh Hon'ble Samit Gopal,J.
1. The present anticipatory bail application as well as connected anticipatory bail applications arise out of same case crime number, hence with the consent of learned counsel for the parties, the same are decided together.
2. Heard Sri Prabha Shanker Mishra, learned counsel for the applicants, Sri Saiyad Iqbal Ahmed, learned counsel for the first informant/opposite party no.2, Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.
3. The present 2nd anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Smt. Yogita with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and enlarge on anticipatory bail to the applicant in Case Crime No.215 of 2023, under Section 306, 504 I.P.C, Police Station Nagfani, District Moradabad, during the investigation as well as trial before the court below, otherwise the applicant shall suffer irreparable loss and injury.
And/or may pass any such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
4. The connected 2nd anticipatory bail application being Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No.1131 of 2024 (Chainpal Vs. State of U.P. and another) has been filed by the applicant Chainpal with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and enlarge on anticipatory bail to the applicant in Case Crime No.215 of 2023, under Section 306, 504 I.P.C, Police Station Nagfani, District Moradabad, during the investigation as well as trial before the court below, otherwise the applicant shall suffer irreparable loss and injury.
And/or may pass any such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
5. The connected 2nd anticipatory bail application being Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No.1180 of 2024 (Sonu @ Vivek Vs. State of U.P. and another) has been filed by the applicant Sonu @ Vivek with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and enlarge on anticipatory bail to the applicant in Case Crime No.215 of 2023, under Section 306, 504 I.P.C, Police Station Nagfani, District Moradabad, during the investigation as well as trial before the court below, otherwise the applicant shall suffer irreparable loss and injury.
And/or may pass any such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
6. Learned counsel for the applicants submits that applicants have been falsely implicated in the present case. It is submitted that the applicants were granted interim anticipatory bail by this Court vide order dated 8.2.2024 till the next date of listing or till submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court which ever is earlier. The said interim bail was extended vide orders dated 19.3.2024, 6.5.2024, 21.5.2024 and 1.8.2024 passed by this Court. It is argued that now charge sheet has been submitted in the matter. It is further argued that co-accused Chanchal has been granted anticipatory bail during the pendency of trial vide order dated 26.9.2024 passed by coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9201 of 2024 (Chanchal Vs. State of U.P. and another), copy of the said order has been produced by learned counsel for the applicants, the same reads as under:-
"1. Heard learned counsel for the applicant, Sri Saiyad Iqbal Ahmed, counsel for the opposite party no.2 as well as Sri V.P.Tripathi, learned A.G.A. for the State, and perused the material placed on record.
2. This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 215 of 2023, under Sections 306, 504 I.P.C., Police Station Nagfani, District Moradabad.
3. Counsel for the applicant submits that the applicant is the wife of the deceased and has been falsely implicated in the instant case. The incident is alleged to have occurred on 01.11.2023. The first information report was lodged on 09.11.2023. The delay is fatal to the prosecution case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Further, during the pendency of investigation, the applicant was granted interim protection by this Court vide order dated 16.01.2024 passed in Criminal Misc. Writ Petition No. 20234 of 2023 (Smt. Chanchal Tomar and 3 others Vs. State of U.P. and 3 others). The applicant has no criminal antecedents. The applicant had co-operated with the investigation, the investigation has been completed, charge sheet has been filed and the applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has apprehension of her arrest in the above mentioned case.
4. Learned A.G.A. and counsel for the opposite party no.2 opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that as per the allegations in the FIR, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out, the first information report was lodged belatedly, during the pendency of investigation the applicant was granted interim protection, she had co-operated with the investigation, charge-sheet has been submitted, 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.
6. In the event of arrest, the applicant-Chanchal involved in the aforesaid case crime 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 and every 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 her 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.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of."
7. Learned counsel for the State opposed the prayer for anticipatory bail.
8. After having heard learned counsel for the parties and perusing the records, it is evident that the applicants were granted interim anticipatory bail by this Court on 8.2.2024 which was extended vide orders dated 19.3.2024, 6.5.2024, 21.5.2024 and 1.8.2024 passed by this Court. The Court has perused the said orders. Co-accused Chanchal, the wife of the deceased has been granted anticipatory bail till conclusion of trial by a coordinate Bench of this Court.
9. The order dated 08.02.2024 is hereby made absolute till conclusion of trial on furnishing a fresh 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 applicants shall make them available on each and every date fixed in the matter by the court concerned.
(ii) the applicants 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.
(iii) the applicants shall not leave India without the previous permission of the Court and if they have a passport, the same shall be deposited by them before the concerned court.
10. In case, the applicants do not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicants shall be taken into custody, forthwith.
11. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
12. The court concerned shall not be prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
13. The present anticipatory bail application along with connected anticipatory bail applications stand disposed of.
(Samit Gopal, J.) Order Date :- 17.12.2024 Gaurav Kuls