Tanuja Joshi Alias Tanuja Punetha vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 29 of 2023, registered at police station Kotwali Pithoragarh, District Pithoragarh. Applicant is in judicial custody under Sections 420, 406, 120B of the Indian Penal Code, 1860 and Sections 4 read with Section 22 and Section 5 read with Section 23 of the Banning of Unregulated Deposit Schemes Act, 2019.

Heard Mr. Amit Kapri, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Amit Kapri, Advocate, contended that the applicant has been falsely implicated in this matter. Notice under Section 41 A of the Code of Criminal Procedure, 1973 (in short, “the Code”), was not given to her before her arrest. Her arrest is in complete violation of the order of the Hon’ble Supreme Court, passed in “Arnesh Kumar vs. State of Bihar and Another and Satender Kumar Antil vs. Central Bureau of Investigation and Another.”

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.

In the present matter, it is not disputed that 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.

Bail Application is allowed.

Let the applicant -Smt. Tanuja Joshi alias Tanuja Punetha 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 not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

(ii) 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, application may be filed to cancel the bail order.