Vandana Kushwaha vs. State Of U.P. Thru Prin.Secy. Home

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15154 of 2021

Applicant :- Smt. Vandana Kushwaha Opposite Party :- State Of U.P. Thru Prin.Secy. Home And Anr. Counsel for Applicant :- Anil Kumar Maurya,Dr.Pramod Kumar Maurya,Shyam Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the applicant and the learned Additional Government Advocate for the State.

This Court vide order dated 24.12.2021 granted interim anticipatory bail to the applicant, which reads as under :

"After arguing at some length, learned counsel for the applicant prays for and is granted time to file detailed statement of the bank account, from which the alleged money was transferred to the account of Sarva Shiksha Abhiyan.

List on 11.01.2022 in the additional cause list.

Till then, interim protection is granted to the applicant."

Learned counsel for the applicant has submitted that the applicant has deposited the entire amount which is alleged to have been received by the petitioner adopting fraudulent device. The recital to this effect has been given in the anticipatory bail application as well as in the rejoinder affidavit filed by the applicant enclosing Annexure-R.A.-1 issued by the District Basic Education Officer, Lakhimpur Kheri mentioning this fact.

The attention has been drawn towards the interim order dated 24.12.2021 passed by this Court, therefore, liberty may be protected till completion of investigation and filing of police report u/s 173(2) Cr.P.C.

Learned counsel for the applicant has further submitted that since the present applicant is cooperating with the investigation and she is willing to cooperate with the investigation, therefore, her liberty may be protected till completion of investigation and filing of police report u/s 173(2) Cr.P.C., if any in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

Per contra, learned AGA opposed the prayer of learned counsel for the applicant but could not dispute the submissions of learned counsel for the applicant.

Without entering into the merits of the issue and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the order dated 24.12.2021, the fact that the investigation is going on and the undertaking of the applicant that she shall cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

It is needless to say that the applicant shall cooperate with the investigation properly, failing which the protection being given by this order may not be available to him any further.

Therefore, it is directed that in the event of arrest, applicant- Smt. Vandana Kushwaha shall be released on anticipatory bail in the aforesaid case crime number on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

1. that the applicant shall make herself available for interrogation by a police officer as and when required:

2. 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

3. that the applicant shall not leave India without the previous permission of the court:

4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail aranted to the applicant:

5. that the applicant shall not pressurize/ intimidate the prosecution witness:

In view of above, the present anticipatory bail application is disposed of.

[Rajesh Singh Chauhan,J.]

Order Date :- 23.9.2022 $Om$