Allahabad High Court
Noor Jahan vs State Of U.P. Thru. Prin. Secy. Home Lko on 22 November, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:77282 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2596 of 2024 Applicant :- Noor Jahan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Subodh Kumar Pandey, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. By means of present anticipatory bail application, the applicant has shown her apprehension of arrest in Case Crime No. 171 of 2024 u/s 380, 457, 411, 413, 414 IPC, P.S. Kotwali Dehat, District Sitapur on the basis of confessional statement of her son Sikandar @ Golu and Ankit Rastogi. Further, except the confessional statements of both the aforesaid persons there is no incriminating material against the present applicant. The aforesaid confessional statement has been recorded within the custody of the police, therefore, its' evidentiary value would be tested before the learned trial court. There is no recovery from the applicant, rather the stolen goods in question have been recovered from her son and Ankit Rastogi. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged in the F.I.R. On account of her apprehension of arrest she could not participate in the investigation proceedings properly but she undertakes that if her liberty is protected, she will cooperate in the investigation and shall not misuse such liberty.
3. The present applicant was having no prior criminal history of any kind whatsoever but on account of her implication in one case she has been implicated in three more similar cases wherein the F.I.R. was lodged against unknown persons. In other cases nothing incriminating has been recovered from the present applicant, therefore, considering the fact that she is a lady and she is willing to participate in the investigation her liberty may be protected till completion of investigation and filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
4. Per contra, learned AGA opposed the prayer of learned counsel for the applicant but could not dispute the submissions of learned counsel for the applicant.
5. Without entering into the merits of the issue and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the investigation is going on, her apprehension of arrest is on the basis of confessional statement of her son Sikandar @ Golu and Ankit Rastogi, except the confessional statements there is no incriminating material against the present applicant, the aforesaid confessional statement has been recorded within the custody of the police, therefore, its' evidentiary value would be tested before the learned trial court, there is no recovery from the applicant, rather the stolen goods in question have been recovered from her son and Ankit Rastogi, on account of her apprehension of arrest she could not participate in the investigation proceedings properly but she undertakes that if her liberty is protected, she will cooperate in the investigation and shall not misuse such liberty, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
6. It is needless to say that the applicant shall cooperate with the investigation properly, failing which the protection being given by this order may not be available to him any further.
7. Therefore, it is directed that in the event of arrest, applicant shall be released on anticipatory bail in the aforesaid case crime number on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-
i. Applicant is directed to appear before the investigating officer on 26.11.2024 at 11.00 A.M. sharp to participate in the investigation. She shall cooperate in the investigation proceedings and shall provide all evidence and material which is within her possession, failing which the benefit of this order shall not be provided to the applicant and it would be open for the Investigating Officer to take appropriate steps against the present applicant strictly in accordance with law. Any appropriate application may be filed before this Court by the prosecution.
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 the previous permission of the court;
iv. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
v. that the applicant shall not pressurize/ intimidate the prosecution witness;
vi.that the applicant shall make herself available for interrogation by a police officer as and when required;
8. Before parting with it is expected that the pending investigation may be conducted and concluded with expedition in accordance with law.
9. In view of above, the present anticipatory bail application is disposed of.
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[Rajesh Singh Chauhan,J.] Order Date :- 22.11.2024 Om