Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40152 of 2019 Applicant :- Aniketa Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Krishna Dev Mishra, learned counsel for the applicant and Sri Attrey Dutt Mishra, learned A.G.A. for the State.
This Bail Application (under Section 438 Cr.P.C.) has been moved for seeking bail in Case Crime No. 132 of 2019, under Sections 7(K) of Prevention of Anti Corruption Act at Police Station Bahadurgarh, District Hapur.
The learned counsel for the applicant has argued that a wanted report had been presented before the trial court in which it was mentioned that the accused applicant was wanted in the present case and thereafter he had moved an application for anticipatory bail before the trial court which has been rejected. He has further argued that no role has been assigned to the accused applicant in the present case. Hence, anticipatory bail should be granted to her.
Learned A.G.A. has vehemently opposed the prayer for bail and stated that Gaurav is husband of the accused applicant, though there does not appear any allegation against applicant.
As per the F.I.R., the informant S.I. Ram Ratan Singh was sitting in his police station on 29.07.2019, at about 1800 hours. One person namely Aditya Mishra @ Gaurav introduced himself that he was a relative of S.S.P. and with him were two unknown person including one lady and during conversation between them the said person i.e. Aditya Mishra stated that he can get him posted at a bigger Kotwali if he pays him Rs. 2,00,000/-. The said person also admitted that he is also known by the name of Gaurav. All the four accused thereafter sneaked out from there.
Without expressing any opinion on the merits of the case and 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 Aniketa Mishra involved in Case Crime No. 132 of 2019, under Sections 7(K) of Prevention of Anti Corruption Act at Police Station Bahadurgarh, District Hapur, 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 his furnishing a personal bond of Rs. 1,00,000/- 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 officer 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 shall be 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 certified copy of this order independently without being prejudiced 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 certified 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.
Order Date :- 27.9.2019 VPS