Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38253 of 2019 Applicant :- Suman Lata Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Suman Lata Srivastava for grant of anticipatory bail during the course of investigation in Case Crime No. 379 of 2019, under Sections 419, 420, 467, 468, 471, 406, 506 I.P.C., Police Station Shivpur, District Varanasi.
Learned counsel for applicant argued that accused applicant is of no concern with alleged occurrence. Whatever allegation is against her husband and her father-in-law, but she has been falsely implicated. She has not received any money. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail, but could not oppose this fact that there is no allegation against accused applicant regarding fraud or manufacturing of forged and fictitious documents or valuable security except an accusation regarding extension of threat given by her in case of informant's visit to her house. Hence, 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, Suman Lata Srivastava involved in above mentioned case, 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. 20,000/- 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 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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.9.2019 NS