Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39933 of 2019 Applicant :- Smt. Rama Kanti Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Singh,Ravish Kumar Singh 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.
Learned counsel for the applicant has submitted that on account of typography error Section 120-B I.P.C. has not been mentioned in the prayer clause; in this behalf supplementary affidavit has also been filed.
Learned counsel for the applicant is permitted to add Section 120-B I.P.C. in the prayer clause during the course of the day.
Learned counsel for the applicant has submitted that the first information report has been lodged by the first informant containing absolutely false and concocted allegations against the applicant with the ulterior intention of harassing him; the matter needs deeper and fairer investigation before any arrest should be given effect to and 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. The applicant has no other reported criminal antecedents, therefore, the applicant may 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 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. Rama Kanti involved in Case Crime No. 163 of 2019, under Sections 353, 429, 436, 188, 504, 120-B and 427 I.P.C., Police Station- Shivli, District- Ramabai Nagar (Kanpur Dehat), 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 :- 26.9.2019 Vikas