Allahabad High Court
Rupali Srivastava And Another vs State Of U.P. on 23 December, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12015 of 2022 Applicant :- Rupali Srivastava And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Amit Kumar Pandey Counsel for Opposite Party :- G.A.,Pradeep Kumar Chaurasia Hon'ble Krishan Pahal,J.
Heard Sri Sunil Kumar Singh, learned counsel for the applicants and Sri Akshay Raj Singh, Advocate holding brief of Sri Pradeep Kumar Chaurasia, learned counsel for the informant as well as Sri Yogesh Kumar, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 0226 of 2022, under Sections 420, 406, 467, 468, 469, 471 of IPC, Police Station Nautanwa, District Maharajganj, with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the co-accused Amar Srivastava is stated to have taken Rs.2 lakhs from the informant for getting him a government job on 21.04.2021 of which Rs.1 lakh was transferred to the account of co-accused Amar Srivastava. The applicant nos.1 and 2 are the wife and sister of the co-accused Amar Srivastava, respectively.
Learned counsel for the applicants has stated that the applicants are maliciously being prosecuted in the present case due to ulterior motive. The applicants have nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the applicants are ladies and the sole allegations against them is that they are stated to have accorded guarantee to the informant that the said job shall be granted to him. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. It is further submitted that the case of the applicants is at a different footing to the case of main accused Amar Srivastava, who has already been enlarged on regular bail. The applicants have no criminal history. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate with trial.
On the other hand, Sri Akshay Raj Singh, Advocate holding brief of Sri Pradeep Kumar Chaurasia, learned counsel for the informant as well as Sri Yogesh Kumar, learned A.G.A. have vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.
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 applicants are entitled to be granted anticipatory bail in this case.
Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.
In the event of arrest of the applicants, Rupali Srivastava and Rajana Srivastava @ Meenu 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:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. 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 or tamper with the evidence;
3. that the applicants shall not leave India without previous permission of the court;
4. that the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence are exempted;
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicants.
It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 23.12.2022 Siddhant