Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17157 of 2021 Applicant :- Reena Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- G.A.,Jitendra Nath Tiwari,Prabhat Kumar Singh
Hon'ble Samit Gopal,J.
Heard Sri Anurag Yadav, learned counsel for the applicant, Sri Prabhat Kumar Singh, learned counsel for the first informant and Ms. Babita Kumari, learned counsel for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Reena Devi, seeking anticipatory bail, in the event of arrest in Case Crime No. 621 of 2021, under Section 306 I.P.C., Police Station- Loni Border, District Ghaziabad.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P. This anticipatory bail application is thus being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the nand of the deceased. She is living separately with her husband. It is argued that the cause of death of the deceased has been opined is asphyxia as a result of hanging which is suggestive of suicide. The police has submitted charge sheet in the matter against Arvind the husband of the deceased under Sections 306, 498-A IPC. Co-accused Amit the jeth of the deceased has been granted interim anticipatory bail vide order dated 30.11.2021 passed in Crl. Misc. Anticipatory Bail Application No. 17393 of 2021 (Amit Vs. State of U.P.), copy of the order is annexed as annexure S.A.-2 to the supplementary affidavit dated 13.12.2021. It is argued that the applicant is a lady. The applicant has no criminal history as stated in para 5 of the supplementary affidavit.
Per contra, learned counsel for the State and first informant opposed the prayer for anticipatory bail and argued that the applicant is named in the First Information Report and there are allegations against her.
After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is a lady and nand of the deceased. The cause of death is asphyxia as result of hanging.
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 Reena Devi involved in Case Crime No. 621 of 2021, under Section 306 I.P.C., Police Station- Loni Border, District Ghaziabad, 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. 50,000/- 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 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 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 anticipatory bail application is disposed of.
Order Date :- 20.12.2021 M. ARIF (Samit Gopal, J.)