Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38321 of 2019 Applicant :- Smt. Reshma And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
This application under Section 438 (1) Cr.P.C. has been moved by Smt. Reshma and Smt. Sana against State of U.P. in Case Crime No. 477 of 2019, under Sections 147, 148, 452, 323, 354, 427, 506, I.P.C., P.S. Sadar Bazar, District Agra.
Learned counsel for the applicant argued that both of the applicants are lady and they havw been falsely implicated. There is no criminal antecedents. A general allegation is levelled against seven accused persons. It is an implication on the basis of enmity. Hence, anticipatory bail has been prayed for.
Learned A.G.A. opposed the prayer for bail.
Having heard learned counsels for both sides, gone through the rival contentions and First Information Report, it is apparent that both sides are next door neighbours and some quarrel took place in between the applicants. Applicants being lady and are of no criminal antecedents, sufficient ground for grant of anticipatory bail till submission of police report under Section 173(1) Cr.P.C. is made out.
In the event of arrest of the applicants Smt. Reshma and Smt. Sana, involved in Case Crime No. 477 of 2019, under Sections 147, 148, 452, 323, 354, 427, 506, I.P.C., P.S. Sadar Bazar, District Agra, shall be released on bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on their 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 applicants shall make themselves available for interrogation by a police office as and when required;
(ii) the applicants 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 office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by him 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 applicants.
The applicants are 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 :- 27.9.2019 Kamarjahan