Allahabad High Court
Payal Maheshwari vs State Of U.P. And Another on 1 September, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5159 of 2022 Applicant :- Payal Maheshwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Rejoinder affidavit filed today by the learned counsel for the applicant and counter affidavit filed today by the learned A.G.A. are taken on record.
Heard learned counsel for the applicant and learned AGA for the State.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant apprehending her arrest in Case Crime No. 229 of 2022, under Sections 342, 347, 386, 452, 392, 406, 420, 323, 504, 506 & 120-B of IPC, Police Station - Nai Mandi, District - Muzaffarnagar.
Learned counsel for the applicant has submitted that the present applicant is innocent and has been falsely implicated in the case. It is further submitted that one co-accused namely Anuradha Maheshwari having similar role has been granted anticipatory bail till filing of police report U/s 173(2) CrPC by this Court in Criminal Misc. Anticipatory Bail Application No.5383 of 2022 . The allegations against the present applicant and co-accused persons are almost similar, therefore, on the basis of principles of parity, the present applicant may be granted anticipatory bail.
Learned counsel for the applicant has submitted that the present applicant has no previous criminal history and she is ready to cooperate with the investigation, therefore, liberty of the applicant may be protected.
Learned AGA has opposed the aforesaid request of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that the applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest, the applicant- Payal Maheshwari involved in the aforesaid crime 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 his furnishing a personal bond 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 himself 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 him from disclosing such facts to the Court or to any police office;
(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 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 the aforesaid terms, the application is disposed of.
Order Date :- 1.9.2022 Anuj Singh