Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38219 of 2019 Applicant :- Smt. Anju Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Sri Vinod Kumar Shukla, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant argued that applicant is innocent. She is of no concern with alleged occurrence, for which this report was got lodged. It is Mithlesh Anand, who said about his property in the name of Smt. Manju Anand and for this, deed was said to be executed on 2.2.2017. Applicant is of no concern. She has got above plot to registered on 4.1.2013 from erstwhile owner and it is a registered sale deed. Hence, a protest was raised by her and this case was got registered. Anticipatory bail has been prayed for.
Learned A.G.A. opposed the prayer for anticipatory bail.
Having heard learned counsels for both sides and gone through nature and gravity of accusation and criminal antecedents of applicant, no possibility of applicant's to flee from the course of justice, a case for bail till filing of police report under Section 173(2) is made out.
In the event of arrest of the applicant, Smt. Anju Devi involved in Case Crime No. 270 of 2019 under Sections 420 and 406 I.P.C., Police Station Powanya, District Shahjahanpur, 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. 25,000/- 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 office;
(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 certified 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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.9.2019 Kamarjahan