Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40280 of 2019 Applicant :- Machhala Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case being the mother of co-accused, Dheeraj against whom allegations of sexual assault and kidnapping have been made; the matter needs deeper and fairer investigation before any arrest should be given effect to; the applicant will participate and cooperate with the investigation; apart from the bald allegations made in the first information report, no evidence is forthcoming even prima facie indicating at the complicity of the applicant. It is stated that co-accused Rani, daughter of the applicant has been granted anticipatory bail today in Criminal Misc. Bail Application No.40388 of 2019 by a coordinate Bench of this Court. The applicant has no criminal antecedent to his credit. Therefore, the applicant may also 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 applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant,Machhala involved in Case Crime No. 302 of 2019 under Sections 363, 366, 368, 342 I.P.C. and 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Highway, District Mathura, she shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on her 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 applicant shall make herself available for interrogation by a police office 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 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.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 MN/-