Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15874 of 2021 Applicant :- Muhammad Mustafa Ansari @ Prakash Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yusuf Ali,Hari Bans Singh Counsel for Opposite Party :- G.A.,Shadab Alam
Hon'ble Ajit Singh,J.
At the very outset the learned counsel submits that he does not want to argue this anticipatory bail application on behalf of the applicant No. 1, Muhammad Mustafa Ansari @ Prakash Singh and prays that the anticipatory bail application on his behalf of i.e. applicant No. 1, Muhammad Mustafa Ansari @ Prakash Singh, be dismissed as withdrawn.
Accordingly, the present anticipatory bail application on behalf of the applicant No. 1, Muhammad Mustafa Ansari @ Prakash Singh, stands dismissed as withdrawn.
Order on the Anticipatory Bail Application on behalf of the applicant No. 2, Seema Praween @ Rajani Madam:-
Heard the learned counsel appearing for the applicant and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Seema Praween @ Rajani Madam, with a prayer to release them on bail in Case Crime No. 260 of 2020, under Sections- 376, 313, 504, 506, 419, 420, 406, 120-B IPC; Section 67 A of Information Technology (Amendment) Act, 2008, and under Section 3(2)(v) S.C./S.T. Act, 1989 (Amendment 2015), Police Station- Dakshin Tola, District- Mau, during pendency of trial.
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.
The learned counsel for the applicant submits that on similar ground co- accused of this incident, namely, Salma Khan @ Mamta Mandal has already been granted anticipatory bail by another Bench of this Court, vide order dated 18.03.2021, passed in Cril. Misc. Anticipatory Bail Application No. 5318 of 2021, a copy of which is annexed on page No. 62 onward to this application. The role assigned to the present applicant is similar to the role assigned to co-accused Salma Khan @ Mamta Mandal, who has already been granted anticipatory bail.
Further the learned counsel for the applicant submits that the applicant is wholly innocent and she has been falsely implicated in the present case due to ulterior motive. On account of assault by the accused persons, the victim suffered as many as four injuries. Supplementary injury report shows that the applicant suffered fracture on nose however, the author of the said injury has not been specified.
Learned counsel for the applicant has further submitted that the applicant has no criminal antecedents and has not been convicted by any court of law. He has further submitted that the applicant shall render all co- operation and assistance to the investigative Authorities in carrying out the investigation. He has further submitted that there is no possibility of applicant fleeing away from judicial process or tampering with the evidence. The applicant is ready to furnish a personal bond and reliable sureties.
Learned counsel for the applicant has also placed implicit reliance upon the decisions reported in (2014) 8 SCC 273 Arnesh Kumar vs State of Bihar and another and (1994) 4 SCC 260 Joginder Kumar vs State of
U.P. and others.
Per contra, learned AGA has vehemently opposed the prayer for bail and has submitted that looking to the seriousness and gravity of the offence, the applicant is not entitled for indulgence of this Court.
Looking to the facts of the case, considering the submissions made and considering that the applicant is a lady, this Court finds that a case for granting anticipatory bail to the applicant is made out pending investigation.
Without expressing any opinion on the merits of the case, the Court directs that in the event of arrest of the applicant in the aforesaid case crime number, he shall be released on bail on furnishing a personal bond of Rs.25,000/- with two sureties of the like amount to the satisfaction of the court/arresting officer till the submission of report under Section 173(2) CrPC by the Investigating Officer subject to the following conditions that :
(I) The applicant shall make himself available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accused- applicant to remain available to him for the purposes of interrogation and the accused-applicant is obliged to abide by such directions.
(ii) The applicant shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.
(iii) The Investigating Officer of the case would make all necessary endeavour to gear up the investigation in utmost transparent and professional way and would try to conclude the same within a maximum period of 90 days. During this period the accused-applicant would not leave the State of Uttar Pradesh without informing the Investigating Officer of the case and sharing his contact number.
(iv) In the event the applicant is having his passports, he will have to surrender the same before the concerned SP/SSP of the District till the submission of report u/s 173(2) Cr.P.C.
In the event, the applicant breaches or attempts to breach any of the aforesaid conditions or wilfully violates above conditions or abstains himself from the investigation, it would be open for the Investigating Officer or the concerned authority to apply before the court of Session for cancellation of interim protection and the Court of Session has every liberty and freedom to revoke the anticipatory bail after recording the reasons for the same.
The instant protection would continue till the submission of charge sheet or 90 days, whichever is earlier.
With the aforesaid directions, the anticipatory bail application is disposed of finally.
Order Date :- 17.12.2021 LBY