Allahabad High Court
Asha Devi vs State Of U.P. And Another on 3 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:155958 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8720 of 2023 Applicant :- Asha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant, learned AGA and perused the material available on record.
2. This application for anticipatory bail has been filed by applicant- Asha Devi in connection with Case Crime No.179 of 2016, under sections 379, 420, 467, 468, 471, 120-B IPC, P.S. Civil Lines, District Aligarh.
3. After the death of Dr. Harveer Singh, who was unmarried person, the dispute arose regarding his succession and some civil suit and succession cases were filed. It was alleged that the fraud was committed by the named accused persons. F.I.R. was lodged on 16.04.2016 and investigation started. After investigation, now charge sheet has been submitted in this matter.
4. It has been submitted by the learned counsel for the applicant that applicant is innocent and she has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against her. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. In case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail.
5. It is further submitted that the accused applicant is not named in the F.I.R. As a matter of fact, she had been Gram Pradhan in the village and only allegation against her that she had issued a certificate to the effect that Netrapal, Kishanpal and Rampal, three sons of Ranveer Singh, the brother of late Dr. Harveer Singh used to take care the deceased and the name of his another brother, Dharmveer Singh and his successors were not mentioned in the aforesaid certificate. It is next submitted that the accused applicant has no concern with the property of the deceased nor his share has been obtained by her in the aforesaid property. It is next submitted that she is a respective lady and Gram Pradhan of the village. It is further submitted that she has no criminal history to her credit. It is also submitted that earlier, an Application under Section 482 Cr.P.C. No. 34 of 2017 was moved by the applicant wherein a protection order was passed by this Court vide order dated 04.01.2017 but the said application under Section 482 Cr.P.C. was, however, dismissed for want of prosecution on 03.07.2019. It is further submitted that after filing of the charge sheet, non-bailable warrant has been issued against her by the court and she has not been declared as proclaimed offender and no processes under Section 82 or Section 83 Cr.P.C. has been issued against her so far. It is next submitted that the dispute is of purely civil in nature.
6. Learned A.G.A. has opposed the prayer for anticipatory bail.
7. In the present case, admittedly, the applicant is not a family member of the deceased, Dr. Harveer Singh and by way of succession, she is not going to take any share in the property of the deceased. She has been cooperative with the investigation of the case and now after filing of the charge sheet, no custodial interrogation is required.
8. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.
It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.
It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
9. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till conclusion of trial in the matter.
10. The anticipatory bail application is allowed.
11. In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail on his 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 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 or tamper with the evidence.
(ii) The applicant shall not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(iv) The applicant shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
12. In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law.
Order Date :- 3.8.2023 Shivangi