Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14064 of 2021 Applicant :- Ishwakshi Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K.Paramhans Singh,Sanjay Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 85 of 2021, under Sections - 498A, 323, 377, 376, 511, 354, 354B, 354D, 504, 506, 120B I.P.C. & 3/4 D.P. Act, Police Station - Niwadi, District - Ghaziabad, during the pendency of trial.
Contention raised on behalf of the applicant is that she has been falsely implicated in this case being married sister-in-law '(nanad)' of the informant/opposite party no.2. No offence has been committed by the applicant. The allegations levelled against the applicant in the first information report are bald and baseless. The co-accused- Veenit Tyagi, father-in-law '(sasur)' and Janmejay Tyagi, brother-in-law '(jeth)' of the informant/opposite party no.2 have already been granted anticipatory bail by co-ordinate Bench of this this court on 11.5.2021, passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.9787 of 2021. In case, the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicant - Ishwakshi Tyagi involved in the aforesaid case crime, she shall be released on interim anticipatory bail during investigation 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 on the following conditions:
(i) The applicant shall make herself available for interrogation by a police officer as and when required.
(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 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 30.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.02 16:16:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad