Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13116 of 2021 Applicant :- Smt. Seema Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
This anticipatory bail application has been filed on behalf of the applicant- Smt. Seema Chaudhary seeking anticipatory bail in Case Crime No.0037 of 2020, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Tundla, District - Firozabad during the 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, 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.
Urge made on behalf of the applicant is that the applicant has not committed any offence. The applicant has no nexus with the offence in question. The vague and general allegations have been levelled against the applicant. Similar set of facts accused Amar Singh and 5 others have already been granted anticipatory bail by this Court vide order dated 23.07.2021 in criminal misc. anticipatory bail no.10099 of 2021. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
The submission made by learned counsel for the applicants prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned AGA has accepted notice on behalf of opposite party no.1 and 2. He prays for and is granted two weeks' time to file counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
In the event the applicant- Smt. Seema Chaudhary is arrested she shall be released on anticipatory bail till the next date of listing on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the following conditions:-
(i) The applicant shall make herself available for interrogation by the 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 from disclosing such facts to the Court or to any police officer;
(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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order after downloading from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.