Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38246 of 2019 Applicant :- Sunita Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Yatharth Srivastava 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 Sunita Singh for grant of anticipatory bail during the course of investigation in Case Crime No. 213 of 2019, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali Dehat, District Mirzapur.
Learned counsel for applicant argued that applicant is of no concern with alleged occurrence. Neither she was owner of land nor she has withdrawn money through cheque concerned. She has been implicated because of being wife of Rakesh Kumar Singh. She is of no criminal antecedent, but police is adamant to arrest her, infringing her right to life and liberty guaranteed under Article 21 of the Constitution of India. 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Learned A.G.A. opposed the prayer for bail, but could not oppose this fact that above alleged amount was withdrawn by Rakesh Kumar Singh, as was written in first information report. 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, Sunita Singh 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