Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38233 of 2019 Applicant :- Geeta Devi And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amresh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Geeta Devi, Sundari @ Sundra, Laxmina and Kanhaiya Sahani @ Katani for grant of anticipatory bail during the course of investigation in Case Crime No. 244 of 2019, under Sections 60(2) of Excise Act and section 272 I.P.C., Police Station Tiwaripur, District Gorakhpur.
Learned counsel for applicants argued that in this very case anticipatory bail has been granted by this court to co-accused Imirati Devi in Criminal Misc. Bail Application No. 35068 of 2019. Whereas the applicants were neither apprehended on the spot nor any recovery was made from them nor they have any criminal antecedent. Their names came to light in the confessional statement of co-accused apprehended on the spot. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. vehemently opposed the prayer for bail, but could not oppose the fact that neither the applicants were apprehended on the spot nor any recovery was made from them and their names came on the basis of confessional statement made by co-accused.
Having heard learned counsel for both sides and gone through the rival contentions made by them, the impugned rejection and the F.I.R., it is apparent that the applicants were neither apprehended on the spot nor any recovery was made from them. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicants have no criminal antecedent, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Geeta Devi, Sundari @ Sundra, Laxmina and Kanhaiya Sahani @ Katani, involved in above mentioned case crime, they 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 their each furnishing a personal bond of Rs. 20,000/- 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 them 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.
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.
The applicants are 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 :- 27.9.2019 Pcl