Allahabad High Court considers personal circumstances and Supreme Court principles in granting anticipatory bail to nurse implicated in criminal case.
In a significant ruling, the Allahabad High Court granted anticipatory bail to Monika, a nurse implicated in a criminal case, despite a proclamation issued under Sections 82 and 83 of the Criminal Procedure Code (Cr.P.C.). The decision was handed down by Justice Dr. Gautam Chowdhary, who emphasized the importance of considering individual circumstances and the principles laid down by the Supreme Court.
Monika, the applicant, was embroiled in a case involving charges under Sections 316, 420, 504, and 120-B of the Indian Penal Code, as well as Sections 15(2) and 15(3) of the Medical Council Act, 1956. Despite the issuance of a non-bailable warrant and proclamation against her, the court found merit in her application for anticipatory bail.
The court took into account Monika's personal circumstances, notably her pregnancy and the birth of her child, which had prevented her from appearing in court when the processes were issued. The court noted that Monika was in a family way at the time, and this was a critical factor in its decision to grant bail. Furthermore, the court acknowledged that Monika had no criminal antecedents and had assured her cooperation with the trial process.
In its judgment, the court cited the Supreme Court's principles regarding anticipatory bail, specifically referencing the case of Siddharam Satlingappa Mhetre v. State of Maharashtra. The court reiterated that while considering anticipatory bail, it must evaluate the nature and gravity of the accusation, the antecedents of the accused, and the possibility of the accused fleeing from justice. The court must also assess the entire material available against the accused and the exact role of the accused in the alleged offense.
The court also referenced the case of Asha Dubey v. The State of Madhya Pradesh, highlighting that there is no absolute embargo on granting anticipatory bail even when a proclamation is issued under Section 82 Cr.P.C. The court underlined the importance of assessing each case on its merits, including the circumstances of the accused.
The anticipatory bail application was opposed by the State and the informant's counsel. However, the court found that Monika's circumstances, combined with her commitment to cooperate with the judicial process, warranted the granting of bail.
Monika was released on anticipatory bail with specific conditions, including furnishing a personal bond of Rs. 50,000 and two sureties of like amount. The conditions also stipulated that she must attend court proceedings as required, refrain from influencing witnesses or tampering with evidence, and cooperate fully with the trial process.
This judgment underscores the judiciary's balanced approach in considering personal circumstances alongside legal principles, ensuring that justice is served while respecting individual rights.
Bottom Line:
Anticipatory bail granted to a nurse implicated in a case, considering her pregnancy and inability to appear in court when processes were issued against her, and following principles laid down by the Supreme Court regarding anticipatory bail.
Statutory provision(s): Sections 82, 83, 438 Cr.P.C., Sections 316, 420, 504, 120-B I.P.C., Sections 15(2), 15(3) of Medical Council Act, 1956
Monika v. State of U.P., (Allahabad) : Law Finder Doc Id # 2833636
