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Allahabad High Court

Smt. Lalita Singh And Another vs State Of U.P. And Another on 3 January, 2022

Author: Vivek Kumar Singh

Bench: Vivek Kumar Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14149 of 2021
 

 
Applicant :- Smt. Lalita Singh And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Kumar Singh,J.
 

Heard learned counsel for the applicants, learned A.G.A. appearing for the State through video conferencing and perused the record.

It is contended on behalf of the applicants that they are innocent and have been falsely implicated in the present case. The applicant no. 1 is maternal aunt of applicant no. 2 and both have no concern at all. The prosecution has failed to collect any credible evidence against the applicants. The applicants are ladies having no criminal antecedent.

Learned A.G.A. opposed the prayer for anticipatory bail.

Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedent, the applicants are entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicants Smt. Lalita Singh and Asha Singh involved in Case Crime No. 872 of 2021, under Sections 147, 420, 406, 504, 506 IPC, Police Station Vijay Nagar, District Ghaziabad, 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.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 applicants shall make themselves available for interrogation by a police officer 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 them from disclosing such facts to the Court or to any police office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they has 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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 computer generated 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 applicants are directed to produce a computer generated 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 concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 3.1.2022 Arti