Allowed

Rachna Mishra v. State of U.P Thru. Addi. Chief Secy. Home

Allahabad HC7 Nov 2023/203/2022

Case brief

AI extract

What is this about?

The applicant, Rachna Mishra, filed an anticipatory bail application in a case under Section 306 IPC alleging she caused her husband's suicide. The court observed that the interim bail order dated 14.02.2022 remained valid with no violation of conditions.

What did the court decide?

The interim order of anticipatory bail dated 14.02.2022 was made absolute and the application was allowed.

Rachna Mishra Vs State of U.P Thru. Addi. Chief Secy. Home — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:73762

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Court No. - 16

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 203 of 2022

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Applicant :- Rachna Mishra Opposite Party :- State Of U.P Thru. Addi. Chief Secy. Home Counsel for Applicant :- Permeshwar Dutt Tewari,Manoj Kumar Gupta,Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.,Kirti Veer Singh,Ravi Shanker Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Parmeshwar Dutt Tewari, the learned counsel for the applicant as well as Smt. Parul Kant, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0217 of 2021, under Section 306 I.P.C., registered at Police Station Gudamba, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.05.2021 alleging that the informant's cousin committed suicide on 24.05.2021 because of ill treatment meted out by his wife-the applicant.

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In the affidavit filed in support of the anticipatory bailapplication it has been contended that the applicant is innocent, she has no criminal history and she has falsely been implicated in the present case. A compact disc has been annexed with the containing a videograph recorded by the deceased wherein before committing suicide he stated that he was in love with some other person and he committed suicide because of breaking his trust by that person.

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The applicant was granted interim anticipatory bail by this court by means of an order dated 14.02.2022 and a notice was issued to the opposite party no.2. The opposite party no.2 has put in appearance but has not filed any counter affidavit.

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The State has filed a counter affidavit, stating that the compact disc has been sent to forensic sciences laboratory but the report of the laboratory is still awaited. There is no allegation of any violation of any conditions of the interim

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anticipatory bail by the applicant.

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The learned counsel for the applicant has submitted that the applicant has already submitted bail bonds in compliance of interim order.

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Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

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In view of above, the interim order dated 14.02.2023 is made absolute and the anticipatory bail application is allowed .

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(Subhash Vidyarthi, J.)

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Order Date :- 7.11.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rachna Mishra v. State of U.P Thru. Addi. Chief Secy. Home

Case brief

What is this about?

What did the court decide?

Rachna Mishra v. State of U.P Thru. Addi. Chief Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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