Allowed

Smt Reena v. State of U.P.

Allahabad HC24 Apr 2023ABAIL/2694/2023

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by Smt Reena under Section 438 Cr.P.C. in a case involving offences under IPC Sections 420, 467, 468, 504, and 34. The order was granted on the ground of parity as a co-accused had already been released on bail. Standard conditions were imposed.

What did the court decide?

Anticipatory bail allowed till conclusion of trial on furnishing a personal bond and two sureties with standard conditions imposing, appearing before trial court and not tampering with evidence.

Smt Reena Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2694 of 2023

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Applicant :- Smt Reena Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Ashutosh Tiwari

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Hon'ble Krishan Pahal,J.

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List has been revised. Learned counsel for the informant is not present.

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Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.60 of 2020, under Sections 420, 467, 468, 504 and 34 IPC at Police Station- Bahjoi, District Sambhal with a prayer to enlarge her on anticipatory bail.

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Learned counsel for the applicant has submitted that co-accused person Vimla Devi has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 31.01.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.12009 of 2022. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. The criminal history of one case assigned to the applicant has been explained in the supplementary affidavit dated 20.04.2023. Learned counsel for the applicant undertakes that she will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by her.

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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the fact that the co-accused person has already been enlarged on anticipatory bail, the applicant is liable to be enlarged on anticipatory bail on the ground of parity.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Smt. Reena be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicant shall make herself available for interrogation by a police officer as and when required;

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

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(iii). that the applicant shall not leave India without the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness; (vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). 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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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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(Krishan Pahal, J.)

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Order Date :- 24.4.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Smt Reena v. State of U.P.

Case brief

What is this about?

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Smt Reena v. State of U.P.

Case brief

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