Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32834 of 2019 Applicant :- Smt. Pramila Pawar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gaurav Pundir Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been argued by learned counsel for the applicant that the applicant is the mother-in-law of the informant and she has been falsely implicated in the present case. In fact, there was matrimonial discord between her son and the first informant on account of which all the family members have been falsely implicated in this case. It is argued that the allegation of committing unnatural intercourse by the husband of first informant and of committing rape on the brother-in-law of first informant apparently appears to be a false and fabricated one and it is also alleged that when the aforesaid two accused used to sexually assault her it was encouraged by the applicant which is hard to believe. 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 she 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. Pramila Pawar involved in Case Crime No. 378 of 2019, under Sections 452, 376, 377, 323 I.P.C., Police Station- Kwarsi, District- Aligarh, 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 officer 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 officer;
(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.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 22.8.2019 Vikas