Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18560 of 2021 Applicant :- Ashwini Kataria Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another Counsel for Applicant :- Rahul Singh Dahiya,Purnendu Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rahul Singh Dahiya, learned counsel for the applicant and Sri Ashwani Prakash Tripathi, learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Ashwini Kataria, seeking anticipatory bail in Case Crime No.0155 of 2021, under Sections -406, 420, 467, 468, 471, 120B, 506 I.P.C., Police Station -Civil Lines, District -Meerut, during pendency of trial.
3. Put up this case on 09.03.2022, in the additional cause list before the appropriate Bench. By the said date, counter affidavit be filed by learned A.G.A.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. While the bail application has been opposed by learned AGA, learned counsel for the applicant submits that the applicant is only a paid employee in the company M/s Nivesh Global Private Ltd. She had neither made any representation to the first informant nor she had received the money for or on behalf of that company. She is not a principal officer of the company, and therefore, the allegations made against her are plainly false. These have been made only to cause deep harassment to the applicant. The fact allegation pertains to the co-accused Rahul, Naveen Gupta, Amit Chaudhary and Meghraj Singh Rathore.
6. Thus, without expressing any opinion on the merits of the case, the applicant is entitled to interim anticipatory bail in this case, at this stage.
7. In the event of arrest of the applicant - Ashwini Kataria, involved in the aforesaid case crime, she shall be released on interim anticipatory bail till the next date fixed, on her furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned OR before the court concerned on the following conditions:
(i) The applicant shall make herself available for interrogation by a police officer/by the court as may be the case.
(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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
Order Date :- 22.12.2021 S.Chaurasia Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.23 09:40:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad