Neutral Citation No. - 2024:AHC-LKO:8819
Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 161 of 2024
Applicant :- Rajeshwari
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And
Another
Counsel for Applicant :- Raghvendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
1. Learned A.G.A informs that he has procured complete
instructions in the matter including complete case diary and
charge sheet in this case has already been filed.
2. Heard Shri Raghvendra Singh, learned counsel for the
applicant as well as learned A.G.A. for the State and perused
the record.
3. The present anticipatory bail application has been moved by
the accused/applicant- Rajeshwari in Case Crime No.
141/2023, under Sections 147, 323, 308, 325, 452 IPC, Police
Station Kotwali Dehat, District Sitapur, with the prayer to
enlarge her on anticipatory bail as she is apprehending arrest in
the above-mentioned case.
4. Learned counsel for the accused-applicant while pressing the
bail application submits that it is a case of false implication.
The allegations against the applicant and 4 other accused
persons named in the FIR are to the tune that on 18.4.2023 a
minor quarrel occurred between the children of the families on
18.4.2023 it was on 20.4.2023 at 8.00 p.m. the accused persons
named in the FIR including the applicant have assaulted the
injured Umesh with sharp edged weapon.
5. It is vehemently submitted that the allegations as levelled in
the FIR are patently false and could not be believed as no injury
pertaining to any sharp edged weapon has been sustained by the
injured Umesh Chandra Verma.
6. It is also submitted there is a cross version of the incident,
FIR of which has been lodged by Ram Kumar from the side of
the applicant on 24.4.2023 under Sections 147, 323, 504, 506
IPC and Rajesh Vishwakarma has sustained as many as 9
injures on different parts of his body including forehead, chest
and other vital parts and all these injuries were kept under
observation and X-ray was also advised.
7. It is also submitted that the injured of the instant case,
namely, Umesh Chandra Verma has sustained fracture of his left
elbow which was not a vital part. One person from both the
sides have sustained injuries and aggressor may only be
determined during the course of trial. Charge sheet has been
submitted before making of arrest of the applicant and alleged
offences against the applicant are punishable with upto 7 years
of imprisonment. The applicant is not having any criminal
history and she is ready to cooperate in the trial and would
remain present before the trial court as when her presence
would be required and will not seek adjournment when the
prosecution witnesses will be in attendance.
8. Learned AGA, however, opposes the prayer of anticipatory
bail of the applicant.
9. Perusal of the record would reveal that with regard to the
same incident cross FIR has been lodged by the parties, one
person has injured from either side. The defence of the
applicant appears to be that aggressor could only be determined
during the course of trial and the same may not be ascertained
at this stage of the proceeding. The charge sheet has been filed
without making arrest of the applicant.
10. Thus, his arrest may be protected during the course of trial.
In result the anticipatory bail application moved on behalf of
the applicant- Rajeshwari is allowed and it is provided that in
the event of arrest of the applicant, involved in the above noted
case or on her surrender/ appearance before the trial court
within 20 days from today i.e. on or before 19.02.2024,
whichever is earlier, she shall be released forthwith on
anticipatory bail on her furnishing a personal bond with two
sureties in the like amount to the satisfaction of the Trial Court
concerned, subject to the following conditions:
1. The applicant if not arrested earlier, shall surrender
before the trial court within 20 days from today i.e. on or
before 19.02.2024 and will cooperate in the trial.
2. The applicant shall Cooperate in the investigation and will
make herself available as and when required by the
Investigating officer of the case, even for the recovery of any
fact, if the case is directed to be further investigated.
3. The applicant shall not make any attempt to influence the
prosecution witnesses and will also not commit any crime
during his release on anticipatory bail.
4. The applicant shall file an undertaking to the effect that she
shall not seek any adjournment on the dates fixed for evidence
and especially when the prosecution witnesses are present in
court.
5. 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.
11. If in the opinion of the trial court default of any of the
condition placed above 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 shall proceed against him in
accordance with law.
12. It is clarified that all the observations contained in this order
are only for disposal of this anticipatory bail application and
shall not affect the proceedings before the trial court in any
manner.
Order Date :- 31.1.2024
Muk
Digitally signed by :-
MOHD UMAR KHAN
High Court of Judicature at Allahabad,
Lucknow Bench