Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19144 of 2021 Applicant :- Neeru @ Babita And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A.,Anurag Shukla
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, leaned counsel for the informant, learned A.G.A. for State and perused the material available on record.
Learned counsel for the applicants states that he does not want to press bail application on behalf of applicant no. 1 and the same may be dismissed as not pressed.
Accordingly, the bail application on behalf of the applicant no. 1 is dismissed as not pressed.
Accused-applicant no. 2, involved in Case Crime No. 782 of 2021, under Section 306 I.P.C., Police Station Kotwali Auraiya, District Auraiya, applied for anticipatory bail.
Learned counsel for the applicants submits that applicant no. 2 is innocent and has been falsely implicated in the present case. She has committed no offence. He further submitted that the applicant no. 2 is the wife of deceased Rishabh. There was a matrimonial dispute between the husband (now deceased) and applicant no. 2 due to which he got depressed and committed suicide by hanging. At the time of incident, the applicant was living in her parental house. He further argued that as per post mortem report, cause of death of deceased is asphyxia as a result of anti-mortem hanging. If the applicant no. 2 is enlarged on anticipatory bail, she shall not misuse the liberty of bail and would co- operate with the investigation.
Learned A.G.A. as well as learned counsel for the informant vehemently opposed the prayer for granting bail but conceded the factual submission made by learned counsel for the applicant.
Taking into consideration the gravity of accusation, role of applicant no. 2, and there being no possibility of her fleeing from justice, without expressing any opinion on the merits of the case, the applicant no. 2 is entitled to be released on anticipatory bail in this case.
In the event of arrest, applicant no. 2 Tanu @ Nidhi 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 no. 2 shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant no. 2 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 no. 2 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 no. 2.
Order Date :- 21.12.2021 Manoj