Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8445 of 2021
Applicant :- Laxmi Devi
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Sahani 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.344 of 2020, under Sections 368, 363, 366, 376, 504, 506 & 120-B IPC & 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Dohri Ghat, District Mau, applied for anticipatory bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case for the purpose of harassment. Applicant has committed no offence. Except the present case no criminal history against the applicant. In case the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would co-operate with the investigation. Lastly he submits that applicant is ready to approach the Court below for bail, therefore, he may be given some time to surrender before the Court below and a suitable direction be issued for considering his bail application.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail and submitted that charge sheet has been filed against the applicant. He has no objection to the aforesaid request regarding the direction of bail.
Having regard to the submissions made by learned Counsel for the parties, allegation levelled against the applicant and without expressing any opinion on the merits of the case, the applicant is not entitled to be released on anticipatory bail in this case, therefore, prayer is refused.
However, if the applicant surrenders before the Court concerned in aforesaid case and file bail application, the same shall be heard and decided in view of settled law laid down by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.
For a period of one month from today or till hes surrender whichever is earlier, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the Court below within the aforesaid period, appropriate action shall be taken against hem, in accordance with law.
With the aforesaid observations, the present application is disposed of.
The applicant shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 5.4.2021 I.A.Siddiqui