Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40687 of 2019 Applicant :- Smt. Komal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case. It is further contended that deceased was undergone some depression on account of police investigation in the case. It is next contended that applicants are women having no previous criminal history. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicants may be enlarged on anticipatory bail.
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 he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Smt. Komal and Smt. Sukant @ Sundari involved in Case Crime No. 285 of 2019 under Section 306 I.P.C., Police Station Chharprauli, District Baghpat, they shall be released on anticipatory bail on their 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make herself available for interrogation by a police officer as and when required;
iii) 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 officer;
(iv) 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 30.9.2019 Ujjawal