Thursday, April 25, 2024

Allahabad High Court grants anticipatory bail to a lady in a mining theft

The Allahabad High Court has granted anticipatory bail to a lady in the case of mining theft and damage to public property.

A Single Bench of Justice RajBeer Singh passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by  Smt Savita Devi.

The application has been moved seeking anticipatory bail in Case under Sections 379, 120(B) IPC and Section 4, 21 of Mines and Minerals (Regulation and Development) Act, 1957 and Sections 3, 5 of the Prevention of Damage of Public Property Act, 1984, Police Station-Kabrai, District-Mahoba with the prayer that in the event of arrest, applicants may be released on bail.

It has been argued by the counsel for the applicant that the applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case, whereas there is no credible evidence against her.

According to the prosecution version, on 06.06.2021 the Mines inspector and police intercepted a truck, which was carrying mineral (soil) illegally without required documents.

Counsel for the applicant submitted that involvement of applicant has been shown merely on the basis that she is registered owner of the said truck. The applicant has not indulged in any illegal mining. There is no such evidence that the applicant was present at the spot.

Counsel for the applicant further submitted that on the date of alleged incident, the applicant was lying in the hospital.

Counsel for the applicant also submitted that the applicant is a lady and she has no criminal antecedents.

Counsel for the applicant said that applicant undertakes to co-operate during trial and she would appear as and when required by the Court. It has been stated that in case, applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will cooperate during trial and would obey all conditions of bail.

Additional Government Advocate has opposed the prayer for anticipatory bail.

“It may be stated that in case of Siddharam Satlingappa Mhetre v State of Maharashtra, (2011) 1 SCC 694, it has been held by the Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

In the case, considering the settled principles of law regarding anticipatory bail, submissions of the counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out”, the Court observed while allowing the anticipatory bail application.

The Court ordered that,

In the event of arrest of the applicant- Smt Savita Devi in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing a personal bond of Rs 50,000/- with two sureties each in the like amount to the satisfaction of the Court below concerned with the following conditions :-

1. The applicant shall not tamper with the evidence during the trial.

2. The applicant shall not pressurize/ intimidate the prosecution witness.

3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the Court below shall be at liberty to cancel bail of applicant in accordance with law.


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