Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15479 of 2021 Applicant :- Anupi Devi@ Anuki And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Pooja Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Ms. Pooja, learned counsel for the applicants, as well as, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 437 of 2021 under sections -147, 148, 323, 427, 452, 308, 504, 506 IPC, Police Station- Ghosi, District- Mau, during the pendency of investigation.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
It is submitted by learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case by the informant due to ulterior motive. As per the FIR, which was lodged against the applicant, other co-accused persons with three unknown persons with the allegation that they have assaulted the informant and the family members with the help of lathi, danda and iron-rod as a result thereof, six persons got injured. It is further submitted that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. It is also submitted that the injury sustain to all the injured are simple in nature. Lastly, it submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail of the applicants. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicants are entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicants- Anupi Devi@ Anuki, Neelam and Hariwansh, 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 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 applicants shall make themselves available for interrogation by a police office as and when required;
(ii) The applicants 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 from disclosing such facts to the Court or to any police office;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 applicants.
Order Date :- 23.10.2021 Sweety