Allowed

Smt.Nazreen v. State of U.P. and Another

Allahabad HC17 Jun 2021ABAIL/7304/2021

Case brief

AI extract

What is this about?

Court granted anticipatory bail to Smt. Nazreen in a matrimonial discord case under IPC Sections 323, 313, and 506. Bail granted till trial conclusion upon bond of Rs. 50,000 and two sureties, citing lack of specific charges and no apprehension of fleeing.

What did the court decide?

Release on anticipatory bail till conclusion of trial on furnishing personal bond of Rs. 50,000 with two sureties of like amount.

Smt.Nazreen Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 38

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7304 of 2021

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Applicant :- Smt.Nazreen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A.,Sanjay Yadav

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This anticipatory bail application has been filed on behalf of the applicant - Smt.Nazreen , seeking anticipatory bail in Case Crime No.49 of 2019, under Sections -323, 313 and 506 I.P.C., Police Station -Sahawar, District -Kasganj , during the pendency of trial.

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While the bail application has been opposed by learned AGA, learned counsel for the applicant submits that during investigation the applicant had been granted anticipatory bail by the learned Sessions Judge, however, it was confined to period till submission of police report. Relying on the decision of the Supreme Court in the case of Sushila Aggarwal & Others Vs. State (NCT of Delhi) and Another 2020 SCC Online SC 98, the present application has been pressed.

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On the merits, it has been submitted that only vague and general allegations have been made against the entire family of the applicant arising from the matrimonial discord that exists between the first informant and the son of the present applicant. Even during the investigation, no material has been collected as may lead to any specific charge against the applicant.

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At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicant - Smt.Nazreen , involved in the aforesaid case crime, she shall be released on anticipatory bail till conclusion of the trial, on her furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicant shall make herself available for interrogation by a police officer as and when required.

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(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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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(iv) 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 applicant.

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8. Present application stands disposed of .

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Order Date :- 17.6.2021 S.Chaurasia

Smt.Nazreen v. State of U.P. and Another

Case brief

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Smt.Nazreen v. State of U.P. and Another

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