Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17945 of 2021 Applicant :- Shashi Kiran Gandhi Opposite Party :- State of U.P.
Counsel for Applicant :- Durlabh Kumar Pandey,Rajesh Chandra Dwivedi,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Rajesh Chandra Dwivedi, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State and perused the record.
Learned counsel for the State informs that he has received complete instructions in the matter.
The applicant was granted interim anticipatory bail vide order dated 06.12.2021 by a co-ordinate Bench of this Court. The said order is quoted herein below:-
"This application under Section 438 Cr.P.C. has been filed by the applicant with the prayer to grant her anticipatory bail in Case Crime No.0083 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. read with Section 3/4 of D.P. Act, Police Station-Mahila Police Station, District- Noida.
Heard learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case and there is apprehension of arrest of the applicant at any time by the police. Learned counsel for the applicant has also submitted that applicant is mother-in-law of the complainant and applicant has no criminal antecedents at all .
Learned AGA prays for and is allowed a week's time for filing counter affidavit and to seek instructions.
Applicant shall have a week thereafter to file rejoinder affidavit, if any. Let the case be listed on 20.12.2021, for final hearing.
As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted interim anticipatory bail in the aforesaid case. Hence, in the event of arrest of the applicant, she shall be released on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Arresting Officer, subject to the following conditions :
(i) the applicant shall make herself available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accused-applicant to remain available to him for the purpose of interrogation and the accused-applicant is obliged to abide by such directions.
(ii) the applicant shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.
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."
Vide order dated 6.12.2021, learned A.G.A. was directed to file counter affidavit in the matter, but no counter affidavit has been filed till today.
Since the applicant has already been granted interim anticipatory bail vide order dated 6.12.2021, the same is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on her furnishing a fresh 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 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 he has 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 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 allowed.
Order Date :- 20.12.2021 nd (Samit Gopal,J.)