Allahabad High Court
Smt. Sunita Devi vs State Of U.P. And Another on 17 March, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12328 of 2022 Applicant :- Smt. Sunita Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Yash Maurya,Mamta Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.850 of 2017, under sections 420, 406, 506 I.P.C., Police Station Sadar Bazar, District Agra, Criminal Case No.23876 of 2018 (State vs. Smt. Sunita), during the pendency of trial.
It is submitted that in this case applicant is an innocent lady and has been falsely implicated with false allegations. The F.I.R. was lodged in the year 2017 and after investigation charge sheet was filed in the year 2018 u/s 420, 406, 506 I.P.C. The applicant was not known about fact that charge sheet was filed against her and no process was served on her till now that was the reason she could not appear before the learned court concerned as a result B.W. and N.B.W. were issued. Now, in pursuance of the process of the court applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the trial.
Learned A.G.A. has opposed the prayer for anticipatory bail and urged that in this case after filing of charge sheet but applicant is avoiding the process of the court and not appearing before it for a period of 5 years. In this way, she is not entitled for anticipatory bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the fact that applicant is avoiding the process of the court even the charge sheet was filed in the year 2018 but she is not appearing before the learned court. In such a situation, there appears no ground to grant anticipatory bail in favour of this applicant. Hence, the anticipatory bail application is, hereby, rejected.
However, as per submission made by learned counsel for the applicant, in case applicant appears and moves bail application before the learned court concerned, the same shall be decided by it as expeditiously as possible in the light of law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550.
Order Date :- 17.3.2023 Ashok Gupta