Allahabad High Court
Smt Shashi Devi vs State Of U.P. And 3 Others on 18 September, 2019
Author: Vipin Sinha
Bench: Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37160 of 2019 Applicant :- Smt Shashi Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A. Hon'ble Vipin Sinha,J.
Sri Shakil Ahmad, Advocate has filed his vakalatnama on behalf of opposite party no. 4 is taken on record.
Heard learned counsel for the applicant, learned counsel for opposite party no. 4 and 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 has been falsely implicated in the present case. It is further submitted that applicant happens to be the mother in law. It is also contended that husband and father in law is not a party in the present case. It is next submitted that there are no injuries as mentioned in the paragraph 11 of the bail application. The applicant is a senior citizen aged about 56 years. Therefore, the applicant may be enlarged on anticipatory bail.
Learned counsel for opposite party no. 4 and learned A.G.A. have 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, Smt Shashi Devi involved in Case Crime No. 0134 of 2019 under Section 498A, 377, 307, 323, 324, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bijnor, 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. 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 shall make herself available for interrogation by a police officer 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 her 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 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 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 certified 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 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 :- 18.9.2019 Ujjawal