Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13639 of 2021 Applicant :- Kusum Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Poonam Srivastava
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in case crime no. 0469 of 2021, under Sections 364, 346. 504, 506, 376, 295 IPC and Section 3/4 POCSO and Section 3(2)(V) SC/ST Act, Police Station- Chekeri, District Kanpur Nagar.
Learned counsel for the applicant submits that applicant is innocent and she has no concern with offence in question. He further added that assuming it to be that the offence is committed by the applicant even then from the very beginning of the incident applicant has got nothing to do with the offence in question, may be that the others are involved. The applicant on the other hand tried to reconcile the situation by sending back the victim to her home, then how can she be punished for any offence.
Also heard the learned AGA. He has opposed the anticipatory bail of the applicant and submitted that the applicant is the mother of the main accused and in collusion with her son, applicant has committed the offence.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that applicant was involved in the offence in the question. Therefore, the arguments advanced here are arguments to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicant is free to agitate his claim at the stage of regular bail before the appropriate court. Court below is directed to consider his bail application and pass speaking and reasoned order in accordance with law, preferably, on the same day. The applicant is a lady entitled for benefit of Section 437 Cr.P.C.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Order Date :- 29.7.2021 Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.31 14:56:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad