Disposed

Smt. Parveen and 5 Others v. State of U.P.

Allahabad HC8 Jul 2022ABAIL/4100/2022

Case brief

AI extract

What is this about?

Jagran Singh Chauhan, J. granted anticipatory bail to six female applicants in a false implication case. Liberty is provided pending the filing of the police report under S. 173(2) Cr.P.C. pending the filing of the charge sheet under Section 173 of Cr.P.C. pending the filing of the charge sheet.

What did the court decide?

Released on anticipatory bail by furnishing personal bond Rs. 50,000/- each with two sureties.

Smt. Parveen and 5 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4100 of 2022 Applicant :- Smt. Parveen And 5 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicants and the learned Additional Government Advocate for the State.

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This anticipatory bail application has been preferred by the applicants (Smt. Parveen, Smt.Shaista, Smt. Shabnam, Smt.Kuresha, Smt. Gulishta and Smt. Rakhi Agrawal) apprehending their arrest in Case Crime 38 of 2022, under Sections 420, 467, 468, 471, 447, 441, 504, 506 & 353 I.P.C. and Section 2/3 of Prevention of Damage to Public Property Act,Police Station-Hajratnagar Gadhi, District-Sambhal.

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Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this as they have not committed any offence as alleged in the prosecution story.

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Learned counsel for the applicants has submitted that general allegations have been levelled against the present applicants and no specific allegations have been levelled against the present applicants. The present applicants are ladies. He has further submitted that during investigation, they are co-operating with the investigation and if the charge-sheet is filed, they shall cooperate with the trial proceedings, therefore, liberty of the present applicants may be protected till filing of the police report under Section 173 (2) of Cr.P.C.. Besides, the present applicants have got no criminal history of any kind whatsoever. He has undertaken on behalf of the applicants that the present applicants shall not misuse the liberty of anticipatory bail and shall abide by the terms and conditions of bail orders. Therefore, they may be granted anticipatory bail.

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Per contra, learned Additional Government Advocate has opposed the prayer for anticipatory bail of the present applicants by submitting that the charge-sheet has already been filed against the present applicants.

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Having heard learned counsel for the parties and having perused the material available on record and without expressing any opinion on merits of the issue, I am of the considered

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opinion that liberty of the present applicants may be protection till filing of the police report under Section 173 (2) Cr.P.C.

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Therefore, it is directed that in the event of arrest, applicants, namely, Smt. Parveen, Smt.Shaista, Smt. Shabnam, Smt.Kuresha, Smt. Gulishta and Smt. Rakhi Agrawal, shall be released on anticipatory bail in the aforesaid case crime number on their furnishing personal bond of Rs.50,000/- each with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

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that the applicants shall make themselves available for interrogation made by a police officer as and when required;

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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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicants shall not leave India without prior permission of the court;

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that the applicants shall not pressurize/ intimidate the prosecution witness;

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that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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that in case the charge-sheet is submitted the applicants shall not tamper with evidence during trial;

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that 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.

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In view of the aforesaid terms, the instant anticipatory bail application is disposed of finally.

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Order Date :- 8.7.2022 [Rajesh Singh Chauhan,J.] Suresh

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Digitally signed by SURESH CHANDRA Date: 2022.07.08 15:00:12 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Parveen and 5 Others v. State of U.P.

Case brief

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Smt. Parveen and 5 Others v. State of U.P.

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