HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 47485 of 2019
Applicant :- Smt. Pushpa Devi
Opposite Party :- State Of U.P. And 2 Ors
Counsel for Applicant :- Mohit Singh
Counsel for Opposite Party :- G.A.
Hon’ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No. 272 of 2019, under Section 498A, Section304 IPC and Section 3/Section4 Dowry Prohibition Act, P.S. Baniyather, District Sambhal.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that applicant happens to be mother-in-law; that cause of death could not be ascertained and viscera was preserved; that husband was initially granted bail by another Bench of this Court vide order dated 06.11.2019 in Criminal Misc. Bail Application No. 46799 of 2019; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
It has been consistently held that the plentitude of Section 438 CrPC must be given its full play. There is no requirement that the accused must make out a “special case” for the exercise of the power to grant anticipatory bail as it virtually, reduces the salutary power conferred by Section 438 CrPC to a dead letter.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Smt. Pushpa Devi involved in the aforesaid case, she shall be released on anticipatory bail on her furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant will join and participate in each and every aspect of “Investigation” and will lend full assistance to the Investigating Agency even with regard to “discovery of fact” if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make herself available for interrogation by a police officer as and when required;
iii) 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;
(iv) 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.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 11.11.2019