Allowed

Smt. Bhavana v. State of U.P. and Another

Allahabad HC22 May 2023ABAIL/4831/2023

Case brief

AI extract

What is this about?

Held it is a fit case to grant anticipatory bail to the applicant until the conclusion of the trial considering the nature of accusation and facts, subject to furnishing bond and adhering to standard conditions regarding tampering, intimidation, and traveling abroad.

What did the court decide?

Anticipatory bail granted till conclusion of trial subject to personal bond of Rs. 50,000/- with two sureties and standard bail conditions.

Smt. Bhavana Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:112321

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4831 of 2023

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Applicant :- Smt. Bhavana Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Pawan Kumar Bhardwaj

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant, learned AGA and perused the material available on record.

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This application for anticipatory bail has been filed by applicant- Smt. Bhavana in connection with Case Crime No. 90 of 2021 under sections 147, 323, 504, 494, 120B, 420, 467, 468, 471 IPC, P.S.-Jewar District- Gautam Budh Nagar.

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The main allegation against the present accused applicant is that during the subsistence of the marriage of the co-accused Niranjan Sharma, she solemnized marriage with him in a criminal conspiracy with all the other co-accused persons in order to oust the informant, who is legally wedded wife of the informant. FIR was lodged and after investigation charge sheet was filed into the matter.

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It has been argued by the learned counsel for the applicant that applicant is innocent and she has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against her. Allegations levelled against the applicant are false. It is further submitted that the marriage of the present accused applicant was solemnized with Saurav son of Jai Prakash Sharma whereas the main accused in this case is Niranjan @ Niranja with whom the present applicant has no concern at all. During the course of investigation she has been cooperative with the I.O. of the case. Now the charge sheet has been filed and she has not been declared proclaimed offender by the Court. No punitive process has been issued against her so far. It is further submitted that coaccused Jaichand and Nempal have already been granted anticipatory bail by this Court in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 2592 of 2023 by order dated 15.5.2023. In case applicant is granted anticipatory bail, she shall

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not misuse the liberty of bail and would obey all conditions of bail.

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Learned A.G.A. has opposed the prayer for anticipatory bail.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Hence, 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 of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till conclusion of trial in the matter.

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The anticipatory bail application is allowed accordingly.

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In the event of arrest of the applicant in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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i. 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 her from disclosing such facts to the Court or to any police officer or tamper

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with the evidence.

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ii. The applicant shall not pressurize/ intimidate the prosecution witness.

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iii.The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

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iv.The applicant shall not leave India without prior permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law.

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Order Date :- 22.5.2023 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Smt. Bhavana v. State of U.P. and Another

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Smt. Bhavana v. State of U.P. and Another

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