Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18925 of 2021 Applicant :- Smt. Anita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Mishra,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri P.K. Singh, learned counsel for the applicant, Sri Sanjay Kuamr Singh, learned A.G.A. appearing for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Smt. Anita, seeking anticipatory bail, in the event of arrest in Case Crime No. 219 of 2021, under Sections 255, 256, 419, 420, 467, 468, 471, 472 I.P.C., Section 60 Excise Act and Section 55 Copyright Act (Amended), 1957, Police Station- Shamshabad, District Agra, during the pendency of trial.
Learned counsel for the applicant states that the prayer in the present anticipatory bail application be confined only during the pendency of investigation/submission of police report and he presses the same only.
Learned counsel for the applicant argued that the applicant is license holder of the shop in question. She is a lady. She is having no criminal history as stated in para 6 of the affidavit. It is argued that since the applicant is a lady she was not managing the counter business of the shop in question. She had appointed sales persons and a manager to manage the shop. It is argued that since the applicant is a license holder, her license has been issued after due verification of all her documents and her status and as such there are no chances of her runing away or not co-operating with the investigation.
Learned State counsel opposed the prayer for anticipatory bail and argued that the applicant is named in the F.I.R. and there are allegations against her. She is license holder of the shop in question.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is a lady. The shop is a liquor shop.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that she has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Smt. Anita, involved in Case Crime No. 219 of 2021, under Sections 255, 256, 419, 420, 467, 468, 471, 472 I.P.C., Section 60 Excise Act and Section 55 Copyright Act (Amended), 1957, Police Station- Shamshabad, District Agra, she shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make herself available for interrogation by a police office as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The present anticipatory bail application is disposed of.
(Samit Gopal,J.) Order Date :- 17.12.2021 Naresh