Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19208 of 2021 Applicant :- Tilka Devi And 6 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sushil Kumar Shukla, learned counsel for the applicants, Sri Sanjay Kumar Singh, learned A.G.A. appearing for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants Tilka Devi, Mamta Devi, Ram Bharose, Veer Pal, Narottam@Narendra, Sant Pal@Sandeep and Kaushalya, seeking anticipatory bail, in the event of arrest in Case Crime No. 655 of 2021, under Sections 147, 148, 149, 307, 323, 504, 332, 336, 353, 427 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Bahedi, District Bareilly during investigation.
Learned counsel for the applicants argued that the applicant nos. 1/Tilka Devi, 2/Mamta Devi and 7/Kaushalya are ladies. It is argued that the F.I.R. has been lodged against 17 named persons and 10-15 other persons who are not named. It is argued that the present case is a case of no injury and the applicants have been falsely implicated in the present case. Further it is argued that the co-accused Tejram and Manoj Kumar have been granted bail by the trial court vide orders dated 30.10.2021, copies of the said orders are annexure no. 3 to the affidavit. The applicants have no other reported criminal antecedent as stated in para-20 of the affidavit.
Learned State counsel opposed the prayer for anticipatory bail and argued that the applicants are named in the F.I.R. and there are allegations against them.
After having heard learned counsels for the parties and perusing the record, it is evident that the allegation against the applicants is of assault on two police personnels. However, looking to the facts that the applicant nos. 1/Tilka Devi, 2/Mamta Devi and 7/Kaushalya are ladies, they are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant No. 1/Tilka Devi, 2/Mamta Devi and 7/Kaushalya, in the event of arrest in Case Crime No. 655 of 2021, under Sections 147, 148, 149, 307, 323, 504, 332, 336, 353, 427 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Bahedi, District Bareilly, they 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 their furnishing a 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 applicants shall make themselves available for interrogation by a police office as and when required;
(ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 applicants.
The applicant No. 1/Tilka Devi, 2/Mamta Devi and 7/Kaushalya are 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 in so far as the applicant nos. 1/Tilka Devi, 2/Mamta Devi and 7/Kaushalya are concerned.
In so far as the applicant nos. 3/Ram Bharose, 4/Veer Pal, 5/Narottam@ Narendra and 6/Sant Pal@Sandeep are concerned, looking to facts and circumstances of the case, nature of accusation and gravity of offence, I do not find it a fit case to release them on anticipatory bail.
Accordingly, the present anticipatory bail application is rejected in so far as the applicant nos. 3/Ram Bharose, 4/Veer Pal, 5/Narottam@ Narendra and 6/Sant Pal@Sandeep are concerned.
(Samit Gopal,J.) Order Date :- 17.12.2021 Naresh