Saturday, February 4, 2023

Allahabad HC grants anticipatory bail to 90-year-old woman accused of embezzlement

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The Allahabad High Court has granted anticipatory bail to 90-year-old Shiela Gupta, who is accused of embezzlement.

A single-judge bench of Justice Rajesh Singh Chauhan passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Sheila Gupta.

By means of the anticipatory bail application, the applicant has shown her apprehension of arrest in case under Section 409 IPC, PS Civil Lines, District Meerut.

It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged by the prosecution.

The counsel for the applicant submitted that the applicant is aged about 90 years and suffering from cancer since 2018. Besides, she is suffering from an age related disease.

The counsel for the applicant further submitted that the chargesheet has been filed and the applicant was cooperating with the proceedings to the best of her capability. She shall not adopt any delaying tactics to frustrate the trial proceedings.

He has also submitted that in case it is found that she is adopting any delaying tactics deliberately and wilfully, her protection may be cancelled.

“Having considered the aforesaid submissions of the counsel for the parties and the aspect that the applicant is a very old lady aged about 90 years of age, suffering from cancer and other age related issues, having sympathetic consideration and without entering into the merits of the issue, I hereby protect the liberty of the applicant till conclusion of trial in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98”, the Court observed while disposing the anticipatory bail application.

It is, however, made clear that the parity or benefit of this order may not be made available to any other co-accused person inasmuch as this protection has been granted considering the peculiar facts and circumstances of the issue in question, particularly the old age and disease of the applicant, the Court said.

Therefore, the Court directed that in the event of arrest, applicant- Smt Shiela Gupta, shall be released on anticipatory bail in the aforesaid case crime number on his 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 not leave India without the previous permission of the court;
  2. 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 granted to the applicant;
  3. that the applicant shall not pressurize/ intimidate the prosecution witness;
  4. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
  5. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
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