Allahabad High Court
Shilpi @ Satish vs State Of U.P. And Another on 10 September, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:147123 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8931 of 2024 Applicant :- Shilpi @ Satish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material available on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 420 of 2023, under section 306 IPC, Police Station Kurra, District- Mainpuri.
3. Counsel for the applicant submits that the applicant is the brother-in-law of the deceased and has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. It is next contended that the mother-in-law of the deceased namely Vimla Devi has been granted interim anticipatory bail by this Court vide order dated 20.03.2024 passed in Cr. Misc. Anticipatory Bail Application No. 2043 of 2024 (Vimla Devi Vs. State of U.P. and another). The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.
4. Matter requires consideration.
5. Issue notice to the opposite party no. 2 by registered post AD returnable at an early date.
6. Learned AGA as well as opposite party no.2 are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
7. List and connect this case along with Cr. Misc. Anticipatory Bail Application No. 2043 of 2024 (Vimla Devi Vs. State of U.P. and another) in the additional cause list on 16.10.2024.
8. Till the next date of listing or till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court which ever is earlier, in the event of arrest of the applicant- Shilpi @ Satish, involved in Case Crime No. 420 of 2023, under Sections 306 IPC, Police Station Kurra, District Mainpuri shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall make himself available on each and every day fixed in the matter by the court concerned.
(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 him from disclosing such facts to the Court.
(iii) 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 concerned court.
9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
Order Date :- 10.9.2024 Lbm/-