Disposed

Smt Hemlata and 5 Other v. State of U.P. and Another

Allahabad HC23 Jul 2024ABAIL/7073/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to six applicants falsely implicated in a rioting and assault case. Relying on the Constitution Bench judgment in Sushila Aggarwal, the court directed their release on personal bond and sureties subject to cooperation with investigation and non-interference with witnesses.

What did the court decide?

Anticipatory bail granted on furnishing personal bond of Rs.50,000/- with two sureties each.

Smt Hemlata and 5 Other vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120596

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7073 of 2024

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Applicant :- Smt Hemlata And 5 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Ajay Sengar, learned counsel for the applicants and learned Additional Government Advocate for the State.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case No.1098 of 2016 (State of U.P. Vs. Raju Shukla & others), arising out of Case Crime No.3715 of 2014, under Sections 147, 148, 149, 332, 353, 436, 341, 188 IPC, and 7 Criminal Law Amendment Act, Police Station Kotwali Orai, District Jalaun.

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Learned counsel for the applicants submits that applicants have been falsely implicated in the present case just to harass the applicants in fact no such incident has taken place as alleged in the impugned FIR. The applicants have never committed any offence as alleged in the impugned FIR. The applicants are not named in the FIR. As per allegation, the applicants and others have been identified from the video footage which are allegedly indicates that applicants and other co-accused persons have committed the aforesaid offence. He further submits that only NBW has been issued in the month of March, 2023. The applicants are having no previous criminal history. It has further submitted that the coaccused Jitendra Kumar @ Jitendra Ahirwar, Nagendra Kumar Gupta @ Nagendra Gupta, Girish Kumar Chaturvedi @ Dr. Girish Chaturvedi, Kramank Shukla, Manoj Kumar Rajpoot have been granted anticipatory bail vide orders dated 22.8.2023, 5.10.2023 and 8.8.2023 in Criminal Misc. Anticipatory Bail Application Nos. 9464 of 2023, 11000 of 2023 and 8277 of 2023 respectively, therefore the applicants are also entitled to pre-arrest bail on the ground parity.

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Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant.

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Hence without expressing any opinion on the merits of the case

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and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail 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. 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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In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants - Smt. Hemlata, Santosh Kumar Shukla, Krishna Kumar Shukla, Ashish Kumar Shukla, Arpan Shukla and Nityanand Chaturvedi , involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

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(ii) 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 from disclosing such facts to the Court or to any police officer.

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(iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(v) The applicants 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 applicants.

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(vi) In case, the applicants misuses the liberty of bail, the 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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(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of

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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 his in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application stands disposed of.

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Order Date :- 29.7.2024/A.

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Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad

Smt Hemlata and 5 Other v. State of U.P. and Another

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Smt Hemlata and 5 Other v. State of U.P. and Another

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