Smt. Kamlesh Verma v. State of U.P. and 3 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20379 of 2021 Applicant :- Smt. Kamlesh Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- V.K.S. Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record.

¶2Heard Sri Rahul Kumar Mishra, Advocate holding brief of Sri V.K.S. Somvanshi, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and also perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 103 of 2008, under Sections 344, 354, 506, 376, 511 of IPC, Police Station Mahila, District Kanpur Nagar, with a prayer to enlarge her on anticipatory bail.

¶4Admittedly, the applicant was granted interim protection vide order dated

08.02.2022 by this Court and she has not misused it.

¶5Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of her arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the final report (charge-sheet) has been submitted in the matter. The applicant has cooperated in the investigation and is ready to cooperate in trial as well. It is further submitted that the applicant has no criminal history. In case, the anticipatory bail application of the applicant is allowed, she will not misuse the liberty and shall cooperate with trial.

¶6On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.

¶7Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

¶8Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.

¶9In the event of arrest of the applicant, Smt. Kamlesh Verma involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make herself available for interrogation by a police officer as and when required; 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶10In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

¶11It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 18.10.2023 Siddhant High Court of Judicature at Allahabad