Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39497 of 2019 Applicant :- Vimla Kesharwani Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shambhu Sharan Singh,Rishi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that applicant is a woman with no previous criminal history; she happens to be the mother-in-law of the boy with whom niece of the first informant has eloped. Contention is that it was the applicant who persuaded her son and in pursuance of the persuasion the girl came back to her family and residing with her family. In the meantime some talks of compromise were initiated and during this course, an incident took place with regard to which an FIR was lodged by the husband of the applicant against the first informant and other family members, in which the matter was investigated and charge sheet was submitted on 15.08.2018, subsequently almost after one year of the incident, the present FIR was lodged only by way of counter blast only to harass the applicant. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Vimla Kesharwani involved in Case Crime No. 445 of 2019 under Section 419, 420, 342, 376, 506, 120B I.P.C. and 7/8 PACSO Act, Police Station Jhunsi, District Prayagraj, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019 Ujjawal