Allowed

Chanda Devi v. State of U.P. and Another

Allahabad HC13 Jan 2023ABAIL/12021/2022

Case brief

AI extract

What is this about?

Reserved Single Judge Bench allowed anticipatory bail to applicant Chanda Devi pending investigation in a cheating and criminal conspiracy case. Bail granted subject to personal bond and conditions regarding witness tampering and travel outside India.

What did the court decide?

Bail granted on personal bond of Rs. 25,000 with two sureties subject to specific conditions including appearance for interrogation and non-interference with witnesses.

Chanda Devi Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12021 of 2022

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Applicant :- Chanda Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hira Lal Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 132 of 2022, under sections 420, 323, 504, 506, 342, 384 I.P.C., Police Station Manduadih, District Varanasi, during the pendency of investigation.

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Facts in brief are that there was transaction of money between the informant and this applicant along with three other coaccused persons and one unknown person.

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It is submitted by learned counsel for the applicant that this applicant has committed no offence but on account of false allegations, she has been implicated in the present case. This applicant had filed a complaint u/s 138 N.I. Act against the informant and that was the reason the informant named the applicant in this case. It is also submitted that co-accused Sudha Singh, having similar allegations, has already been granted bail by the coordinate Bench of this Court vide order dated 16.11.2022 passed in Anticipatory Bail Application No. 10505 of 2022. It is further submitted that since the matter is under investigation, therefore, the applicant is under apprehension of imminent arrest. In case, the applicant is released on anticipatory bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 . The anticipatory bail application stands allowed .

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In the event of arrest of the applicant- Chanda Devi , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on 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 with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 13.1.2023 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Chanda Devi v. State of U.P. and Another

Case brief

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Chanda Devi v. State of U.P. and Another

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