Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39278 of 2019 Applicant :- Musharrat Siddiqui Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Anand Prakash Srivastava, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the wife of the borrower, Mumtaz Ahmad Siddiqui, who is co- accused and he has already confined in jail as on date. The only account of relationship, the applicant has also been implicated. He further pointed out that another co-accused-Abdul Quddus has already been allowed anticipatory bail by a co-ordinate Bench of this Court passed in Criminal Misc. Bail Application No.33231 of 2019 on 12.09.2019. A copy of which has been received and the same is taken on record. The present F.I.R. has been lodged against the applicant due to mala fide intention and just to malign her image in the society. The applicant has no other reported criminal antecedent.
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-Smt. Musharrat Siddiqui involved in Case Crime No.0129 of 2018 under Sections 419, 420, 467, 468, 120-B I.P.C., Police Station Anwarganj, District Kanpur Nagar, 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 his 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 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.
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 two weeks from today, who shall ensure the compliance of present order.
Order Date :- 26.9.2019 Nitin Verma