Allahabad High Court
Manorma And 3 Others vs State Of U.P. And Another on 20 May, 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. - 3983 of 2022 Applicant :- Manorma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishvendra Singh,Sandeep Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Sanjay Singh, learned A.G.A.-I appearing for the State 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. They did not commit any offence as alleged. There is some civil dispute pending between the parties. It is further submitted that they have been implicated in the present due to ulterior motive. The applicants have no criminal antecedent. Learned counsel for the applicants has drawn attention of the Court to an order dated 26.4.2022 passed in Criminal Misc. Writ Petition No. 4512 of 2022, whereby interim protection has been granted to Smt. Gola Devi alias Kasan Devi.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants ? (1) Manorma, (2) Preeti, (3) Sushma and (4) Jagdeep involved in Case Crime No. 47 of 2021, under Sections 147, 420, 467, 468, 471, 504, 506 IPC, Police Station Shamshabad, District Agra, 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 furnishing a personal bond of Rs.25,000/- by each applicant 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 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 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 applicants.
The anticipatory bail application is disposed of accordingly.
Order Date :- 20.5.2022 DS