Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9605 of 2021
Applicant :- Smt. Jyoti Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Kumar Sharma,Abhas Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Smt. Jyoti Sharma, in Case No. 1326 of 2019 arising out of Case Crime No. 250 of 2018 under sections 109, 406, 409, 420, 467, 468, 471, 120-B, 34 I.P.C. and 3, 4, 5, 6 and Enami Chit Fund or Dhan Parichalan Scheme (Pabandi) Adhiniyam, police station Babina, District Jhansi.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Charge sheet has already been submitted against the applicant. Without disclosing the full facts about the proceedings conducted after filing of charge sheet by the Investigating Officer in Court and what is the stage of proceedings before the Court below, this anticipatory bail application has been filed.
Counsel for the applicant submit that there is grave apprehension to the life of the applicant, in case she is directed to surrender before Court below for the purpose of grant of regular bail, on account of the threat to her life posed by second wave of Novel Corona Virus. Applicant may be protected till the wave subsides and the normalcy returns in society and Courts both. The applicant cannot get any document from the Court below at present on account of closure and irregular functioning of court below and the applicant would get arrested if the matter is postponed to future date.
Learned A.G.A. has pointed out that the applicant has a criminal history of 17 cases.
In the First Information Report, there is allegation of commission of economic offence against the applicant. In normal circumstances, this Court would not have interfered. However, keeping in view the present situation arises out of spread of Noval Corona Virus, this application is entertained and interim protection is granted to the applicant.
Keeping in view the judgment of this Court in Criminal Misc. Anticipatory Bail Application No. 4002 of 2021, Prateek Jain vs. State of U.P., dated 10.05.2021 this application is being disposed of.
In case of his arrest, the applicant shall be enlarged on anticipatory bail for a limited period, till 03.01.2022 on the following conditions:-
1. The applicant shall, at the time of execution of the bond, furnish her address and mobile number and shall not change the residence till the conclusion of investigation/ trial without informing the Investigating Officer of the police/ the Court concerned of change of address and the reasons for the same before changing the same.
2. The applicant shall not leave the country during the pendency of trial/investigation by police without prior permission from the concerned trial Court.
3. The applicant shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the Investigating Officer of the police;
4. The applicant shall surrender her passport, if any, to the concerned Court/Investigating Officer forthwith. Her passport will remain in custody of the concerned Court/ Investigating Officer till the investigation is completed. In case she has no passport, she will file her affidavit before the Court/ Investigating Officer concerned in this regard.
5. 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;
6. The applicant shall maintain law and order.
7. The applicant shall file an undertaking to the effect that she shall not seek any adjournment before the trial court on the dates fixed for evidence and 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 to ensure presence of the applicant.
8. In case, the applicant misuse 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 and the Government Advocate/informant/complainant can file bail cancellation application.
9. 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.
10. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
11. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
12. The applicant is warned not to get himself implicated in any crime and should keep distance from the informant and not to misuse the liberty granted hereby. Any misuse of liberty granted by this Court would be viewed seriously against the applicant in further proceedings.
This anticipatory bail application is being allowed on account of special conditions and on special ground. The normal grounds, settled for the grant of anticipatory bail, have not been considered by this Court and it would be open for the applicant to approach this Court again, if so adviced, in changed circumstances.
The anticipatory bail application is allowed.
Order Date :- 24.5.2021 Shiraz