Pooja v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12550 of 2023 Applicant :- Pooja Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record.

¶2Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant -Pooja in Case Crime No.316 of 2023, under Section 366 I.P.C., Police Station - Sadh, District - Kanpur Nagar.

¶3It is alleged in the F.I.R. that the daughter of the informant was taken by the present accused applicant by enticing her and when she was not traced, an F.I.R. was lodged on 14.06.2023 and investigation started, which is still going on.

¶4It has been submitted by the learned counsel for the applicant that applicant is innocent and she has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against her. Allegations levelled against the applicant are false. Investigation is going on in the matter. In case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail.

¶5It is further submitted that the present accused applicant is a lady and she has no concern with the victim of this case. It is also submitted that she happens to be Aunt of the victim of this case. It is next submitted that in her statement under Section 164 Cr.P.C., nothing adverse to the present applicant has been stated by the victim of this case. It is next submitted that the abducted girl has not been recovered from the possession of the present applicant. It is also submitted that in fact, the main accused in this matter is co-accused, Mahesh, who took the victim of the case with him and she was staying with co-accused, Mahesh at Jalandhar (Punjab) for so many days. It is further submitted that the accused applicant has no criminal antecedents to her credit and he has been cooperative with the I.O. of the case during the course of investigation and as such, she is entitled for anticipatory bail.

¶6Per contra, learned A.G.A. opposed the prayer for anticipatory bail.

¶7In the present case, the present applicant is a lady and the victim has not been recovered from the possession of the applicant. The investigation of the case is still going on.

¶8In Sushila Aggarwal and others vs. State (NCT of Delhi) and another,

(2020) 5 SCC 1, the Hon'ble Apex Court has held 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, llikelihood 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.

¶9In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676, the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused.

¶10Considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till filing of police report under Section 173(2) Cr.P.C. in the matter.

¶11The application is allowed.

¶12In the event of arrest of the applicant, she shall be released on anticipatory bail on her furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-

(i) The applicant shall make herself available for interrogation by a police officer as and when required.

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

(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. Concerned.

¶13In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant. Order Date :- 23.11.2023 Shivangi High Court of Judicature at Allahabad