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Judgment
Anoop Chitkara, J
Challenging the dismissal of the application filed by the petitioner for defreezing her bank account, she has come up before this Court by way of this Revision Petition.
The petitioner, who has been arraigned as accused in FIR No. 298 of 2020, dated 21.11.2020, under Sections 364-A, 388, 342, 323, 506, 120-B of the Indian Penal Code, registered at Police Station Bhuntar, District Kullu, HP, filed an application for defreezing her bank account. The reasons for such application were that the account has been seized for eight months and she needs money for sustenance.
The learned Addl. Sessions Judge, Kullu was influenced because of the gravity of the offence and apart from that for other reasons mentioned in paragraphs 8 to 12 of the impugned order dated 13.7.2021, he dismissed the application.
The prosecution did not bring forward any prejudice which would be caused to them in case the application for defreezing of the bank account was allowed. The prayer pertains to the release of money from the bank account. In case this Court permits the petitioner to get her money released from the bank by furnishing adequate personal bond with one surety of the same amount then there would be no harm in the same. In fact, at this stage, prima facie, it is her money and in any case if it is found to be crime money then it could always be recovered from her because of the bonds furnished by her.
Given above, the petition is allowed and the impugned order dated 13.7.2021, passed by learned Additional Sessions Judge, Kullu, HP, in Cr.MP No. 96 of 2021 is set aside. The amount in the bank account shall be released to the petitioner on her furnishing personal bond with one surety, equal to the amount she claims to be released from the bank account. In case she wants to get money released from the bank multiple times, every time she will have to furnish the aforesaid bonds. After receipt of requisite bonds the concerned Court will permit her to get the money released from the bank account.
Given above, the petition is closed in the aforesaid terms.
There shall be no need of dasti copy and the learned Counsel for the petitioner may download this order from the web page of this Court which would suffice the purpose for filing the requisite application before the concerned Court for the release of the amount.