Allahabad High Court
Smt. Rekha Jain And 2 Others vs State Of U.P. on 8 December, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8793 of 2020 Applicant :- Smt. Rekha Jain And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Lochan Shukla,Amitabh Kumar Sinha Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Smt. Rekha Jain, Smt. Renu Jain and Smt. Sonia Jain, with a prayer to release them on bail in Case Crime No. 376 of 2020, under Section- 304, 427, 34 and 288 I.P.C., Police Station- Anwarganj, District- Kanpur Nagar, during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 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., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
There is allegation against the applicants that they are owners of a property which is a construction site adjacent to property of the informant. The construction work was being carried out and a part of the building on the construction site fell down. The construction site belonged to the applicants but not the building which fell down on the deceased. There is allegation for committing offences u/s 304 I.P.C. against the applicants.
Learned counsel for the applicants have submitted that one of the applicants, namely, applicant no. 1, Smt. Rekha Jain is a senior citizen. The other two ladies, namely, applicant nos. 2 and 3, Smt. Renu Jain and Smt. Sonia Jain, are also aged about 56 years and 48 years respectively. It is next submitted that it is a case of accident. The applicants have no criminal history to their credit. They have definite apprehension that they may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants.
Hence, without expressing any opinion on the merits of the case and considering the nature of accusations and the antecedents of the applicants, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing personal bonds with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial court;
2. The applicants shall surrender their passports, if any, to the concerned trial court forthwith. Their passports will remain in custody of the concerned trial court;
3. That 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 or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the trial court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants 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 his bail and proceed against them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.12.2020 KS