Allahabad High Court
Smt. Pinki Devi And 3 Others vs State Of U.P. And Another on 25 February, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1993 of 2020 Applicant :- Smt. Pinki Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vidit Narayan Mishra, learned counsel for the applicants and Sri B.A. Khan, learned A.G.A. for the State.
This anticipatory bail application has been moved seeking bail in Case Crime No. 697 of 2019, under Sections 420, 406, 323, 504, 506, 467, 468, 471 I.P.C., Police Station Jewar, District Gautam Budha Nagar, during the pendency of trial.
The submission of the learned counsel for the applicants is that the accused applicants have no role in the present occurrence. Neither they have executed any sale deed nor have they committed any forgery. Applicant Nos. 1,3 and 4 are family members of the applicant no.2. They are apprehending imminent arrest by the police. They have no criminal history. If released on bail they would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicants.
Looking to the aforesaid fact, taking into consideration the gravity of accusation, and there being possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on interim anticipatory bail in this case.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit.
List this case on 15.04.2020.
In the event of arrest of the applicants Smt. Pinki Devi, Smt. Kasturi Devi, Smt. Sunita and Ashu Dharmendra involved in Case Crime No. 697 of 2019, under Sections 420, 406, 323, 504, 506, 467, 468, 471 I.P.C., Police Station Jewar, District Gautam Budha Nagasr, they shall be released on interim anticipatory bail during investigation till the date fixed, on their furnishing a personal bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the on the following conditions:
1. that the applicants shall make himself available for interrogation by a police officer as and when required;
2. that 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 or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 25.2.2020 T.S.