Allahabad High Court
Vasundhara Yadav vs State Of U.P. on 19 October, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8217 of 2022 Applicant :- Vasundhara Yadav Opposite Party :- State of U.P. Counsel for Applicant :- R.P.S. Chauhan,Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Heard Mr. R.P.S. Chauhan, learned counsel for the applicant and learned Additional Government Advocate for the State.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending her arrest in connection with Case Crime No.481 of 2022, under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station Kotwali, District Deoria.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. The graduation certificate and B.Ed degree of the applicant is genuine. Further submission is that after completing about 21 years of service, on the basis of malicious complaint, the District Basic Education Officer conducted an enquiry and issued show cause notice to the applicant and in reply to the aforesaid show cause notice. Further submission is that after enquiry, the STF has lodged the impugned FIR. Further submission is that in similar identical matters, this Court has granted anticipatory bail to the applicants, namely, Shiv Kumar Mishra, Ramsamujh, Anurag Kumar Mishra vide orders dated 10.10.2022, 12.10.2022 and 13.10.2022 passed in Criminal Misc. Anticipatory Bail Application Nos.9672, 9806 and 9388 of 2022, copy whereof has been placed on record. Further submission is that there is no evidence from which it is established that the applicant is involved in the commission of the alleged offence. The allegations, as contained in the prosecution case, are nothing but a tissue of lies having been brought forth with the sole intention to harass the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The applicant is having no previous criminal history.
Learned A.G.A. vehemently opposed the prayer for anticipatory bail to the applicant but does not dispute the aforesaid contention of learned counsel for the applicant.
After hearing the learned counsel for the accused-applicant and going through the entire record, I find substance in the argument advanced on behalf of the accused-applicant.
In view of the aforesaid, I find it to be a fit case for grant of anticipatory bail to the applicant.
Let the applicant-Vasundhara Yadav be released on anticipatory bail by the trial Court till conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:-
(i) the applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when 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;
(ii) the applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. The applicant shall cooperate in the investigation;
(iii) in case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her in accordance with law, under Section 174-A of the Indian Penal Code; and
(iv) the applicant 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 her bail and proceed against her in accordance with law.
(v) The accused/appellant shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
With the aforesaid observation/direction, this anticipatory bail application is allowed.
Order Date :- 19.10.2022 Ajeet