Allowed

Smt. Nirmala Goyal v. State of U.P. and Another

Allahabad HC2 Jan 2023ABAIL/10325/2022

Case brief

AI extract

What is this about?

Hon'ble Single Judge granted anticipatory bail to Smt. Nirmala Goyal in a case involving provisions of IPC and Domestic Violence Act. The Court held that a case for anticipatory bail is made out considering the nature of accusation and domestic context without expressing opinion on merits of the case.

What did the court decide?

Application disposed off; applicant released on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. subject to bond and personal sureties to Station House Officer.

Smt. Nirmala Goyal Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10325 of 2022

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Applicant :- Smt. Nirmala Goyal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Rai,Devid Kumar Singh,Jitendra Kumar,Prateek Rai Counsel for Opposite Party :- G.A.,Kumar Dhananjay

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Jitendra Kumar Pandey, learned counsel for the applicant, Mr. Kumar Dhananjay, learned counsel for the Informant, Mr. Pankaj Srivastava, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 0122 of 2022, under Sections 323, 307, 313, 354 (Ka), 354 (Kha), 392, 498A, 504 IPC and Section 3/4 D.P. Act, P.S.Murad Nagar, District-Ghaziabad , with the prayer that in the event of arrest, applicant may be released on bail.

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Learned counsel for the applicant submits that the applicant is mother-in-law of the victim and she is innocent and she has an apprehension that she may be arrested in the above-mentioned case, whereas there is no credible evidence against her. He further submits that the applicant has been falsely implicated in the present case with vague and ambiguous allegations. He further submits that earlier, the husband of the victim has approached this Court by means of filing Cri. Misc. Writ Petition No.14438 of 2022 wherein the matter has been referred for mediation before the Mediation Centre. Hence, there are chances of compromise between the parties. He further submits that the applicant has criminal history of one case, which has satisfactorily been explained in para 3&4 of the second supplementary affidavit in support of the present bail application. The applicant undertakes to co-operate during investigation and trial and she would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.

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Learned A.G.A. for the State has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant,

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she is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

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It may be stated that in case of Siddharam Satlingappa Mhetre vs. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

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The anticipatory bail application is disposed off .

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In the event of arrest of the applicant- Smt. Nirmala Goyal in the aforesaid case crime, she 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 her furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/Court below concerned with the following conditions:-

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(i) that the applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which he is suspected;

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(ii) the applicant shall make himself available for interrogation by the police as and when required;

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(iii) that 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(iv) that the applicant shall not leave India without the previous permission of the Court;

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In default of any of the conditions, the Investigating

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Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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Order Date :- 2.1.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Smt. Nirmala Goyal v. State of U.P. and Another

Case brief

What is this about?

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Smt. Nirmala Goyal v. State of U.P. and Another

Case brief

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