Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20011 of 2021 Applicant :- Kranti Guleriya Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ajay Kumar Mishra,Katyayini Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.216 of 2021, under Sections 420, 386 I.P.C., Police Station Bachhraun, District Amroha, applied for anticipatory bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. She has committed no offence. He further submitted that the applicant is not named in F.I.R. but her name came into light in the statement of co-accused. The main allegation has been levelled against one Afsar Ali, who has been granted bail by court below vide order dated 07.09.2021. According to allegation, she has put demand of money by becoming a police officer. He further argued that the applicant being a lady, in case she is enlarged on anticipatory bail, she shall not misuse the liberty of bail and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but conceded the factual submission made by learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, applicant being a lady and there being no possibility of her fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest, applicant Kranti Guleriya shall be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C. on her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Investigating Officer / Court concerned with 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 her from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her 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.
Order Date :- 24.12.2021 Manoj