Allahabad High Court
Smt Ramvati And Another vs State Of U.P. And Another on 20 March, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11666 of 2022 Applicant :- Smt Ramvati And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Vidit Narayan Mishra Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned counsel for first informant, learned A.G.A. for the State and perused the record.
This is the second anticipatory bail application. The first anticipatory bail application was dismissed as withdrawn on 27.9.2022.
The present application has been moved seeking anticipatory bail in Case No. 1199 of 2021, arising out of Case Crime No. 90 of 2021, under Sections 147, 323, 504, 494, 120-B, 420, 467, 468, 471 IPC, P.S. Jewar, District - Gautam Buddha Nagar, with the prayer that in the event of arrest, applicants may be released on bail.
It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants has no criminal antecedents and that no coercive process has been issued against the applicants so far. The applicant no. 1 is mother-in-law and applicant no. 2 is sister-in-law of the victim lady. It was submitted that the allegation that marriage of informant has taken place with co-accused Niranjan alias Niranja Sharma, is false, rather her marriage took place with Nempal Sharma, brother of co-accused Niranjan alias Nirnaja Sharma. The marriage of informant and Nempal was also duly registered. The first informant report has been lodged by the informant making false and baseless allegations. As no marriage of co-accused Niranjan alias Niranja Sharma took place with victim and thus no case under Section 494 IPC is made out. The allegation made against the applicants are false and baseless. Only general allegations of harassment of victim lady have been levelled against all the accused persons including the applicants. Both the applicants are women. The investigation of the case is complete and charge sheet has already been submitted. The applicants undertakes to co-operate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail and argued that marriage of informant has taken place with co-accused Niranjan @ Niranja Sharma and that applicant no.1 is mother-in-law and applicant no. 2 is sister-in-law of the victim. There are allegations that all the co-accused persons used to harass the informant and that they have also got performed second marriage of co-accused Niranjan @ Niranja Sharma with some other lady.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
The anticipatory bail application is allowed.
In the event of arrest of the applicants- Smt. Ramvati and Smt. Doli in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/Court concerned with the following conditions:-
(i) 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/her/them from disclosing such facts to the Court or to any police officer;
(ii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 20.3.2023/S.K.S.