Madhuri Gahlaut vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with the First Information Report No.245 of 2021, registered at police station Kotwali Pithoragarh, District Pithoragarh.

Present Application has been filed for grant of regular bail under Section 420 and Section 120B of the Indian Penal Code, 1860.

Heard Mr. Bhupesh Kandpal, learned counsel for the applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. Bhupesh Kandpal, Advocate, has submitted that the present applicant is on interim bail in terms of the order dated 02.08.2022, passed by the coordinate Bench.

Mr. Bhupesh Kandpal, Advocate, has submitted that present applicant - Smt. Madhuri Gahlaut has been falsely implicated in the matter. She never received the alleged money from any person. He further contended that the applicant was not given notice before being arrested. Thus, the applicant has been arrested in complete violation of the order of the Hon’ble Supreme Court passed in Arnesh Kumar vs. State of Bihar and Another & Satender Kumar Antil vs. Central Bureau of Investigation and Another.

Admittedly, notice under Section 41A of the Code of Criminal Procedure, 1973 (in short, “Code”) was not served on the applicant.

Section 41 and Section 41A of the Code are facets of Article 21 of the Constitution of India. The Investigating Agencies and their Officers are duty bound to comply with the mandate of Section 41 and Section 41A of the Code. Admittedly, notice under Section 41A of the Code was not given to the applicant

In Satender Kumar Antil vs. Central Bureau of Investigation and Another, 2022 SCC Online SC 825, the Hon’ble Supreme Court held that any arrest made in violation of Section 41 and Section 41A of the Code would entitle the accused to bail. The directions issued by Hon’ble Supreme Court have to be complied with or without any exception or justification.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

Confirming the interim bail order dated 02.08.2022, Regular Bail Application is allowed.

Let the applicant -Smt. Madhuri Gahlaut be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment.

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

iii) Applicant shall not leave the country without prior permission of the court concerned.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, prosecution will be free to move the court for cancellation of bail.