The court disposed of an anticipatory bail application reiterating a prior interim order of 25.08.2020 granting bail to applicants in a suicide case, in view of no new adverse facts brought forward.
The application is disposed of by confirming the interim bail granted on 25.08.2020, allowing release upon arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4649 of 2020
Applicant :- Kalawati Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
"1. Heard Mrs. Swati Agrawal Srivastava, learned counsel for the applicants, learned A.G.A. for State and perused the record.
2. A case of special circumstances to file this anticipatory bail application directly before this Court has been made out as due to COVID-19 pandemic District Court at Jaunpur is not working on regular basis.
3. Applicants have approached this Court by way of filing this Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. seeking Anticipatory Bail in Case Crime No. 308 of 2019, under Section 306 IPC, Police Station Chandwak, District Jaunpur.
4. Learned counsel for applicants submitted that applicant no. 1 is the mother-in-law and applicant no. 2 is Devrani of deceased. Marriage of son of applicant no. 1 with deceased was solemnized about 20 years back. The victim committed suicide on 28.11.2019 and allegation made in the FIR against applicants are vague and no case is made out under Section 306 IPC as the ingredient of same are missing. Husband of deceased has already been granted regular bail by this Court. Applicant no. 1 is aged about 51 years and applicant no. 2 is about 30 years old. It is also submitted that applicants are innocent and no criminal history is reported against them. Lastly, it is submitted that applicants have apprehension of imminent arrest and in case they are released on bail, they will not misuse the liberty and would cooperate with investigation.
5. Learned A.G.A. appearing for State, however, opposed the prayer of anticipatory bail and seeks time to file objection.
6. Looking to the facts and circumstances of the case, reasonable apprehension of arrest, taking into consideration the gravity and nature of accusation, there being no criminal antecedents of the applicants and there being no possibility of their fleeing from justice, this Court is of the view that at this stage prima facie case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of applicants.
7. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. Learned A.G.A. shall communicate this order to the investigating officer of the case and Superintendent of Police concerned. Rejoinder
affidavit, if any, may be filed within two weeks thereafter.
8. List this case on 20.10.2020 before appropriate Bench.
9. Till the next date of listing, applicants-Kalawati Devi and Ranjana Devi, involved in Case Crime No. 308 of 2019, under Section 306 IPC, Police Station Chandwak, District Jaunpur, shall be released on interim anticipatory bail on their furnishing a personal bond of Rs.50,000/- 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:
1) The applicants shall make themselves available for interrogation by a police officer as and when required;
2) 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 her/him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
3) The applicants shall not leave India without the previous permission of the Court;
10. In default of any of the conditions mentioned above, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
11. It is made clear that in case certified copy of this order is not issued due to COVID-19 pandemic, the copy of order downloaded by the official website of the Allahabad High Court shall be acted upon."
Order Date :- 20.10.2020 Atul
1 issue framed by the court
Whether the applicants were entitled to anticipatory bail given reasonable apprehension of arrest and absence of adverse facts.
1 provisions across 1 enactments
Kalawati Devi And Another
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
