Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9848 of 2021 Applicant :- Smt. Afsana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Smt. Afsana, in Case No.63/3 of 2020, Case Crime No.605 of 2020, under Sections-323, 342, 354A, 504, 508 I.P.C. and Section 7/8 of the POCSO Act, Police Station- Kotwali Nagar, District-Muzaffar Nagar.
There is allegation against the applicant and her husband, Noor Hasan, that they have taken Rs.3,21,000/- from the informant for the purpose of exorcism and are not returning the money.
Learned counsel for the applicant submits that there is no evidence of payment of money. The main allegations are against the husband of applicant. She has not been assigned similar role.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
It is not a fit case for granting anticipatory bail. Application is accordingly rejected.
However, in view of the fact that Courts below are not properly working in the present circumstances and on the request of learned counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 90 days from today and apply for bail.
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.
Order Date :- 27.5.2021 SS