Allahabad High Court
Rajni Tiwari vs State Of U.P. Thru. Prin. Secy. Home Lko. on 19 October, 2022
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1310 of 2022 Applicant :- Rajni Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saima Khan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicant and Sri Vipul Gupta, learned AGA for the State.
This Court has granted interim anticipatory bail to the applicant vide order dated 22.08.2022, which reads as under:-
"Heard Ms. Saima Khan, learned counsel for the applicant, Sri Hari Shankar Bajpai, learned A.G.A. for the State and perused the material on record.
The present anticipatory bail application has been filed on behalf of applicant Rajni Tiwari under Section 438 of the Code of Criminal Procedure, with a prayer to release her on anticipatory bail in Case Crime No. 188 of 2021, for offence punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, registered at Police Station- Haidergarh, District- Barabanki till the conclusion of the trial, after rejecting the Anticipatory Bail application of the applicant by Sessions Judge, Barabanki vide order dated 30.11.2021.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per allegations of the First Information Report lodged by the complaint, who is Lekhpal, it transpires that during mutation proceedings Gata Nos. 46 and 48, both the Gatas have been acquired by the Government in the year 2017 and sale deed pertaining to both Gatas have been executed in favour of the Government and possession whereof has also been acquired. The applicant joined as Lekhpal on 18.08.2020. It is further submitted that during mutation proceedings, it transpires that excess area of both the Gatas mentioned. It is further submitted that the applicant is not beneficiary of the alleged excess compensation. She can not held responsible for loss for purchasing excess stamp duty paid by the Government as she was not in service at that time.
He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, she shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse her liberty.
Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of ad interim anticipatory bail is made out.
Learned A.G.A. may file counter affidavits within two weeks.
Rejoinder affidavit, if any, may be filed within one week thereafter.
List on 13.09.2022 for final hearing.
In case of arrest, the applicant, Rajni Tiwari is directed to be enlarged on interim anticipatory bail in above case crime number, on her furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if she has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order."
Learned counsel for the applicant has submitted that in compliance of the aforesaid order, the present applicant is cooperating in the investigation and has not flouted the process of law. He has further submitted that no charge sheet has been filed against the present applicant till date, therefore, the applicant further undertakes that she shall cooperate in the investigation.
Learned AGA could not dispute the submissions so made by the learned counsel for the applicant.
Considering the order dated 22.08.2022 whereby the interim anticipatory bail was granted to the applicant and investigation is still going on as no charge sheet has been filed and undertaking of the applicant that she shall cooperate in the investigation, liberty of the present applicant is protected till completion of the investigation/ filing of police report under Section 173 (2) Cr.P.C. in view of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98, on the same terms and conditions, which have been indicated in the order dated 22.08.2022 (supra).
The instant anticipatory bail application is disposed of accordingly.
[Rajesh Singh Chauhan,J.] Order Date :- 19.10.2022 RBS/-