Allowed

Smt. Indu Devi v. State of U.P.

Allahabad HC13 Sept 2022ABAIL/5544/2020

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a criminal conspiracy case involving cheating and forgery. The applicant, having no criminal history and with the genesis inquiry report stayed, furnished a personal bond and agreed to cooperate with the investigation and not leave India.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond of Rs. 50,000/- with two sureties each of the like amount to the Station House Officer.

Smt. Indu Devi Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5544 of 2020

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Applicant :- Smt. Indu Devi Opposite Party :- State of U.P. Counsel for Applicant :- Girja Shanker Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the material placed on record.

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The applicant is seeking anticipatory bail in connection with Case Crime No. 0242 of 2020, U/S 420, 468, 471 IPC, Police Station Jahanabad, District Pilibhit.

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Learned counsel for the applicant has argued that the applicant was granted interim protection vide order dated 11.11.2020 and has not misused the same as such. Learned counsel has further stated that the genesis of the case was inquiry report on the basis of which the FIR was lodged. The said inquiry report has been stayed by this Court. Learned counsel has stated that applicant has not misused the liberty granted earlier and there is no likelihood of her fleeing from trial or investigation, whatsoever. It is further stated that there is no previous criminal history of the applicant. The charge sheet has not been filed and she is entitled for protection from this Court.

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Learned A.G.A. has vehemently opposed the bail application, but could not dispute the fact that applicant has no previous criminal history and that the civil matter has been stayed by this Court.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is disposed of with following directions:-

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(A) In the event of arrest of the applicant involved in aforesaid case 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/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the

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satisfaction of the Station House Officer of the police station concerned;

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(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

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(C) 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 them from disclosing such facts to the Court or to any police officer; and

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(D) The applicant shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 13.9.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.09.13 18:32:54 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Indu Devi v. State of U.P.

Case brief

What is this about?

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Smt. Indu Devi v. State of U.P.

Case brief

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