1. The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the applicant is apprehending her arrest in connection with F.I.R./Case Crime No. 426 of 2020, under Sections 363, 366 I.P.C., Police Station Khairabad, District Sitapur.
2. On 23.11.2020, this Court passed the following order:-
"Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the applicant is apprehending her arrest in connection with F.I.R./Case Crime No. 426 of 2020, under Sections 363, 366 I.P.C., Police Station Khairabad, District Sitapur.
Learned counsel for applicant submits that the applicant is innocent minor child aged about 12 years has no role to play in the alleged incident and has been wrongly implicated in the F.I.R. Even in the statement recorded under Section 164 Cr.P.C., applicant's name is not there. Learned counsel for applicant further states that applicant has no criminal history. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is granted anticipatory bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A., however, opposes the submissions advanced by learned counsel for the applicant but could not dispute the contention made by learned counsel for applicant.
Considering the above aspects of the matter and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. till the next date of listing.
Issue notice to opposite party No.2 returnable at an early date.
Steps in this regard be taken within three days.
Till the next date of listing, applicant, namely, Durga Devi @ Durga, in the event of her arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the applicant shall make herself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(iii). 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 her from disclosing such facts to the court or to any police officer; and
(iv). That the applicant shall not leave India without the previous permission of the Court. The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
Under Part-III, Chapter-XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicant, within two days from today, without fail.
In the meantime, learned A.G.A. may also procure complete instructions in the matter and may also file counter affidavit. Learned counsel for applicant may also file rejoinder affidavit, if any.
List in the week commencing 07.12.2020, on which date this bail application shall be finally disposed of.
Meanwhile, counsel for applicant shall also remove the defects, reported by the Registry, in filing the present bail application."
3. After hearing the learned counsel for the accused-applicant and, going through the entire record, I find substance in the argument advanced on behalf of the accused-applicant.
4. Thus, the interim order dated 23.11.2020 is hereby confirmed. However, the accused-applicant is directed to surrender before the trial Court, if charge-sheet is filed and, he is summoned to face trial for offence in question. The accused-applicant shall be released on bail by the trial Court on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:-
(i) the applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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;
(ii). the applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(iii). in case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code; and
(iv) 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 his bail and proceed against him in accordance with law.
5. This application, thus, stands disposed of.
Order Date :- 23.2.2021 prateek