Allahabad High Court
Alka Alias Asha vs State Of U.P. on 3 August, 2022
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7033 of 2022 Applicant :- Alka Alias Asha Opposite Party :- State of U.P. Counsel for Applicant :- Akhtar Ali Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The present anticipatory bail application has been moved by the present applicant (Alka Alias Asha Devi) seeking anticipatory bail in Case Crime no. 104 of 2022, under Sections 498A, 323 & 504 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Dibai, District Bulandshahar.
It has been argued by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case, whereas there is no credible evidence against her. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. The applicant is sister-in-law (Nanad) of complainant. The allegation that applicant along with family members have harassed the complainant on account of dowry, is thoroughly false. Only general allegations have been levelled. No specific role has been assigned to applicant.
Learned counsel for the applicant has further submitted that on 17.03.2022 a quarrel has taken place between the complainant and her husband and in that regard the police has been informed and thereafter both the parties were challaned under Section 107, 116 Cr.P.C and later on the first information report of this case has been lodged making false and baseless allegations and that a fake medical examination report was secured by the complainant. The applicant undertakes to co-operate during investigation and trial and she would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
Learned counsel for the applicant has further submitted that the co-accused persons, namely, Kali Charan and Lav Kumar have been granted anticipatory bail by this Court vide order dated 13.07.2022 passed in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.5946 of 2022 and vide order dated 26.07.2022 passed in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.5946 of 2022, therefore, on the basis of principles of parity, the present applicant may also be granted anticipatory bail.
Learned A.G.A. has opposed the application for anticipatory bail but he could not dispute the aforesaid contention of learned counsel for the applicant.
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 applicant 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, therefore, allowed.
In the event of arrest of the applicant- Alka @ Asha Devi, in the aforesaid case crime, she shall be released on anticipatory bail, till filing of the charge-sheet, on her 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 below concerned with the following conditions :-
(i) the applicant shall make herself available for interrogation by the police as and when required;
(ii) 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.
(iv) the applicant shall not leave the country without prior permission of the Court.
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 applicant.
Order Date :- 3.8.2022 [Rajesh Singh Chauhan,J.] Suresh