Allahabad High Court
Bindu Devi vs State Of U.P. on 22 September, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:183914 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8915 of 2023 Applicant :- Bindu Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav,Prem Shankar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. Heard Sri Prem Shankar, learned counsel for the applicant as well as Sri Anit Kumar, learned A.G.A. for the State and also perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 274 of 2023, under Sections 420, 406, 147, 323, 342, 506 IPC, Police Station Chauri Chaura, District Gorakhpur, with a prayer to enlarge her on anticipatory bail.
3. As per prosecution story, the co-accused persons Ram Gopal Yadav and Saddam are stated to have duped the informant to the tune of Rs. 15 lakhs on the pretext that the property in the name of the applicant shall be transferred to him.
4. Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of her arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. It is next stated that in all, Rs. 5 lakhs has been transferred to the account of the applicant. It is also alleged in the FIR that the applicant did not even meet them. The co-accused persons are stated to have given account number of the applicant i.e. 50100418509370 in HDFC bank. The applicant is an illiterate lady and she can barely sign.
5. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, she will not misuse the liberty and shall cooperate with trial.
6. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.
7. On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
8. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
9. In the event of arrest of the applicant, Bindu Devi involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
i. that the applicant shall make herself available for interrogation by a police officer as and when required;
ii. that 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;
iii. that the applicant shall not leave India without previous permission of the court;
iv. that the applicant shall not tamper with the evidence during the trial;
v. that the applicant shall not pressurize/ intimidate the prosecution witness;
vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
10. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
11. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
(Justice Krishan Pahal) Order Date :- 22.9.2023\Shalini