Smt Asharfun Nisha v. State of U.P. . and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12794 of 2023 Applicant :- Smt Asharfun Nisha Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Prashant Kumar Singh,Harsh Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

¶2This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.208 of 2020, under Sections 498-A, 308, 342, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Naraini, District Banda.

¶3Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant. The applicant is mother-in-law of the victim aged about 55 years. She is residing with her husband. She has no concern with the alleged incident. He further submits that earlier the applicant and other co-accused persons have approached this Court by filing Criminal Misc. Writ Petition No.17595 of 2020 in which interim protection was granted to the applicant and other accused persons till filing of charge sheet. After filing of charge sheet, the applicant and other co-accused person have filed Application u/s 482 No.8550 of 2023 before this Court for quashing the charge sheet and this Court had directed the applicant and other co-accused persons except father in law to appear before the court below and apply for bail. The applicant is having no criminal antecedent.

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

¶5Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, she is 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 applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶6In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Smt Asharfun Nisha, involved in the aforesaid crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) 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 her from disclosing such facts to the Court or to any police officer.

(ii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(iii) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.

(iv) The applicant shall file an undertaking to the effect that she 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.

(v) 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.

(vi) The applicant 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 her bail and proceed against her in accordance with law.

¶7In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶8With the aforesaid observations/ directions, the application is disposed of. Order Date :- 30.11.2023/Ajeet High Court of Judicature at Allahabad