Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8705 of 2021 Applicant :- Smt. Geeta Devi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Smt. Geeta Devi and Komesh, seeking anticipatory bail in Case Crime No. 79 of 2020, under Sections - 147, 148, 149, 323, 506, 332, 336, 353 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station - Saiya, District - Agra, during the pendency of trial.
3. While the bail application has been opposed by learned AGA, learned counsel for the applicants submits that the applicants are ladies and they have been falsely implicated in the occurrence which had arisen at the spur of the moment when the religious ceremony being performed in the village got disturbed on the police intervention while the police party was chasing a tractor trolly carrying illicitly mine sand. In any case, it is submitted that the applicants had no involvement in the disturbance and they were present at the site only to perform religious ceremony.
4. At present, there are no criminal antecedents of the applicants shown as also no real apprehension has been expressed by the State of the applicants fleeing from justice, if the present application is allowed.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicants are entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicants - Smt. Geeta Devi and Komesh, involved in the aforesaid case crime, they shall be released on anticipatory bail till conclusion of the trial, on their furnishing a personal bond of Rs.
50,000/- each with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicants shall make themselves available for interrogation by a police officer 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants 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 anticipatory bail granted to the applicants.
7. Present application stands disposed of.
Order Date :- 7.4.2021 Abhilash