Smt. Rajrani and Another v. State of UP Through Principal Secr. Home Gov. of UP

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12225 of 2023 Applicant :- Smt. Rajrani And Another Opposite Party :- State Of Up Through Principal Secr. Home Gov. Of Up Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Dwijendra Prasad, learned counsel for the applicants and Sri Pranshu Kumar, learned A.G.A. for the State as well as perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.197 of 2023, registered under Sections 467, 468, 471 and 120B IPC at Police Station-Rajawali, District Firozabad with a prayer to enlarge them on anticipatory bail.

¶4Learned counsel for the applicants has stated that the applicants were granted anticipatory bail till the conclusion of trial vide order dated 18.9.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.10181 of 2023, but the final report has been submitted in the added Sections of 467, 468, 471 and 120B I.P.C. Learned counsel for the applicants undertakes that they have not misused the opportunity granted earlier on and have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶5Learned counsel for the applicants has placed much reliance on the judgments of the Apex Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, wherein the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C.

¶6Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.

¶7On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶8In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants-Smt. Rajrani and Hari Babu 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:-

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

(ii). 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;

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

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

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

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

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

¶9It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 07.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad