Km Arti and 2 Others v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9886 of 2023 Applicant :- Km Arti And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1This application has been moved on behalf of the applicants - Km. Arti, Smt. Seema Devi, and Smt. Sebari @ Lalita Devi seeking anticipatory bail in Case Crime No. 259 of 2014, under Sections 308, 323, 504 IPC, Police Station Mauaima, District Prayagraj.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶3It is submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. It is further submitted that no specific role of assault to any of the accused persons has been assigned in the NCR. It is also submitted that after the incident the injured Rekha Devi was medically examined and two injuries were found upon her body and in the X-Ray no adversity was discovered, however, after one month of the incident, in the C.T. Scan report head injury was found to her. It is also submitted that in her statement the injured Rekha Devi has assigned specific role of assault to Inder Patel. Applicants are ladies. They have no criminal history to their credit. After completion of investigation, charge sheet has been submitted in the matter. No process under Sections 82 and 83 CrPC has been issued against the applicants and the applicants have not been declared absconder. It is also submitted that the applicants had approached this Court by way of Application U/S 482 CrPC No. 16244 of 2023 but no protection has been granted to them in the said proceedings. In case applicants are granted anticipatory bail, they will not misuse the liberty of bail and would obey all conditions of bail.

¶4Learned A.G.A. opposed the prayer for anticipatory bail.

¶5I have considered the rival submissions made by the learned counsel for the parties.

¶6In this matter, one NCR was lodged alleging therein that on account of some passage dispute the accused persons made assault upon Rekha Devi, daughter of the informant and she sustained injuries. During investigation, case was converted into Section 308 IPC. After investigation charge sheet has been submitted in the matter. Applicants have been cooperative during course of investigation. Alleged offences are punishable with the imprisonment for a maximum period of seven years.

¶7In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. 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. 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, likelihood 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.

¶8Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till the end of trial.

¶9The application is allowed accordingly.

¶10In the event of arrest of the applicants, they shall be released on anticipatory bail on their 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:-

(i) The applicants shall make themselves available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

(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/her from disclosing such facts to the Court or to any police office.

(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.

¶11In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicants. Order Date :- 12.10.2023 safi High Court of Judicature at Allahabad High Court of Judicature at Allahabad