Allowed

Rashmi Verma v. State of U.P.

Allahabad HC7 Jul 2023ABAIL/7559/2023

Case brief

AI extract

What is this about?

Hon'ble Krishan Pahal, J. allowed the anticipatory bail application of Rashmi Verma in Case Crime No. 47 of 2021 (Sections 420, 467, 468, 471 IPC), releasing her on bond pending trial subject to standard conditions and conditions specific to the facts.

What did the court decide?

Anticipatory bail allowed with personal bond and two sureties subject to conditions of appearing in court, not tampering with evidence, and not fleeing.

Rashmi Verma Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:134784

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7559 of 2023

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Applicant :- Rashmi Verma Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Akash Mishra, learned counsel for the applicant and Sri Pankaj Kumar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.47 of 2021, registered under Sections 420, 467, 468, 471 IPC at Police StationBasrehar, District Etawah with a prayer to enlarge her on anticipatory bail.

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Learned counsel for the applicant has stated that the applicant was granted anticipatory bail till submission of police report under Section 173(2) Cr.P.C. by this Court vide order dated 28.6.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.11235 of 2021. Learned counsel has stated that the termination order has been set-aside by this Court vide order dated 21.12.2022 passed in Writ- A No.15147 of 2020, as such the charge-sheet has wrongly been filed against the applicant. Learned counsel has further stated that there is an order of District Basic Education Officer, whereby the applicant has been reinstated by him. The applicant has no criminal history to her credit. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of her arrest Learned counsel for the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

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Per contra, learned A.G.A. has vehemently opposed the

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anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the 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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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Rashmi Verma be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicant shall make herself available for interrogation by a police officer as and when required;

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(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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii). that the applicant shall not leave India without the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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[Krishan Pahal, J.]

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Order Date :- 7.7.2023 Vikas

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Rashmi Verma v. State of U.P.

Case brief

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Rashmi Verma v. State of U.P.

Case brief

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