In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13265 of 2021 Applicant :- Smt. Shaila Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pramod Narayan Yadav,Yogendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending her arrest in connection with Case Crime no.0063 of 2021, under Section 419, 420, 467, 468 and 471 I.P.C., 1860, Police Station- Sidhari, District-Azamgarh.
From the record, it is evident that the applicant has approached this Court straightway without getting her anticipatory bail rejected by the court below.
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 under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
I have gone through the contents of the FIR. The applicant is a widow lady and the charge sheet has been submitted by the police but nonetheless she is procured as a teacher on a forged and tempered mark-sheet. Keeping in view the role attributed to the applicant in the commission of the offence, the applicant deserves no liberty.
Thus, I am not inclined to exercise my power under section 438 Cr.P.C.
The facts and circumstances of the case, the prayer of the present anticipatory bail is rejected.
However, keeping in view the trying conditions on account of COVID pandemic, if the applicant surrender before the court concerned on or before 25.10.2021 and applies for bail, the same shall be adjudicated and decided by the courts below in accordance with law as early as possible in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702.
Till the date of surrender, the applicant shall not be arrested in Case Crime no.0063 of 2021, under Section 419, 420, 467, 468 and 471 I.P.C., 1860, Police Station-Sidhari, District-Azamgarh.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 23.9.2021 Rahul.