Allowed

Subhawati v. State of U.P.

Allahabad HC9 Feb 2021ABAIL/610/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant, Subhawati, in a case involving allegations of grabbing land via fabricated documents. Granting bail was conditional on strict undertakings regarding passport surrender, conduct, and appearance in court.

What did the court decide?

Anticipatory bail granted on future arrest conditions, including a personal bond with two sureties, passport surrender, and strict compliance with trial court dates.

Subhawati Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 610 of 2021

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Applicant :- Subhawati Opposite Party :- State of U.P. Counsel for Applicant :- D.C. Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA.

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The instant anticipatory bail application has been filed on behalf of the applicant, Subhawati with a prayer to release her on bail in Complaint Case No. 221 of 2027, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Pathara, District- Siddharth Nagar, during pendency of trial.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.

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There is allegation against the applicant alongwith other co-accused persons that she is involved in grabbing of land on the basis of fabricated documents in collusion with government servant.Learned counsel for the applicant has submitted that applicant is wife of former village pradhan and on account of village politics she has been falsely implicated in this case.The applicant is already on interim bail.Applicant has definite apprehension of her arrest by the police.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The

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apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.

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After considering the rival submissions this court finds that there is a case registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349 the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.

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Hence in case of his arrest the applicant is directed to be enlarged on anticipatory bail without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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Let the applicant involved in the aforesaid crime be be released on anticipatory bail on furnishing a

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personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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The applicant shall surrender her passport, if any, to the concerned trial Court forthwith. Her passport will remain in custody of the concerned trial Court.

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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;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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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 his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall

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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.

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Order Date :- 9.2.2021 Atul kr. sri.

Subhawati v. State of U.P.

Case brief

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Subhawati v. State of U.P.

Case brief

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