Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17901 of 2021 Applicant :- Guddi Devi And Others Opposite Party :- State Of U.P Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
It is submitted on behalf of the applicant that applicants are innocent and the present F.I.R. has been lodged on false and frivolous facts with the sole ulterior motive. Applicants have not committed any offence as alleged. It is next submitted that co-accused persons namely Ram Nath, Vinesh, Rahul Kumar, Neetur and Arati have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 30.5.2020 passed in Crl. Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2673 of 2020, hence applicants are also entitled for the same relief. It is also submitted that applicants have definite apprehension of their arrest by the police. It is next submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicants have no criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
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, Guddi Devi, Rama Devi, Diwan Singh, Niranjan Singh and Kamlesh, involved in Case Crime No. 118 of 2020, under Sections- 147, 148, 504, 506, 336 and 307 I.P.C. and Section 7 of Criminal Law Amendment Act, 1932, Police Station- Narkhi, District- Firozabad, 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 his 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 himself 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 him 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 he has passport the same shall be deposited by him 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 computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also 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.
The applicant stands disposed of.
Order Date :- 27.10.2021 R./ Digitally signed by Justice Ajit Singh Date: 2015.04.02 03:17:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad