Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18287 of 2021 Applicant :- Smt. Sahiba Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.,Firoz Haider
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri Firoz Haider, learned counsel for the opposite party, learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicant that she is innocent and has been falsely implicated in the present case. It is next contended that there are mutual understanding between the real brothers Babar and Amzad. The accused applicant Smt. Sahiba had not received any amount from first informant for selling her residential house in favour of the first informant. It is further contended that co-accused Amzad has been granted interim anticipatory bail by this Court vide order dated 02.12.2021 in Criminal Misc. Anticipatory Bail Application No. 18360 of 2021, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record. The applicant has no criminal antecedent.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that she has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Smt. Sahiba involved in Case Crime No. 373 of 2021, under Sections 420 and 406 IPC, Police Station Sadar Bazar, District Saharanpur, 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 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 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.
Order Date :- 16.12.2021 Arti