Bhagwanti and 2 Others Vs State of U.P. and Another

Neutral Citation No. - 2024:AHC:187294

Court No. - 48

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11313 of 2024

Applicant :- Bhagwanti And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gulhuma,Haseeb Alam Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The instant anticipatory bail application has been filed on behalf of the applicants, Bhagwanti, Shanti Devi and Rajwanti @ Tehari, with a prayer to release them on bail in Case No. 247 of 2023 (State vs. Shamra Nand and Others) arising out of Case Crime No. 126 of 2015, under Sections 147,149,395,427,120-B IPC, Police Station- Duddhi, District- Sonbhadra, 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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Learned counsel for the applicants has contended that coaccused, Mohd Naeem @ Naeem Ahmad, has been granted anticipatory bail by this Court on 13.6.2024 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 5090 of 2024. The case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants have definite apprehension that they may be arrested by the police any time.

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Learned A.G.A. has opposed the prayer for anticipatory bail but does not dispute the claim of parity.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of

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applicants and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, they are 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 applicants 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 involved in the aforesaid crime be released on anticipatory bail on furnishing a 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 applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.

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That 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 her from disclosing such facts to the Court or to any police officer;

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The applicants shall file an undertaking to the effect that they 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 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 applicants 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 their bail and proceed against them 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 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 :- 28.11.2024 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Bhagwanti and 2 Others v. State of U.P. and Another

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