This court granted anticipatory bail to the applicant, her status as mausi of a co-accused does not preclude relief, she was on interim bail which has expired.
Anticipatory bail granted till the pendency of trial on furnishing a personal bond of Rs. 25,000 with two sureties subject to specific conditions.
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 571 of 2022
Applicant :- Smt. Kalawati Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared for the opposite party No. 2
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No.188 of 2021, under sections 363, 366A, 120B, 376(D), I.P.C. and 5/6 POCSO Act, Police Station Bairiya, District Ballia.
Facts in brief are that on 23.07.2021 at about 7 p.m. the victim was enticed away by co-accused Arvind Yadav and Bhuran Yadav. The present applicant Smt. Kalawati Devi is Mausi of co-accused Arvind Yadav. Allegation against this applicant is that she assisted Arvind Yadav in making enticement of the victim.
It is submitted by learned counsel for the applicant that in this case applicant is innocent and being related to the co-accused Arvind Yadav, she has been named in the F.I.R. It is also submitted that this applicant is a married lady and lives on some other place. It is also submitted that this applicant was granted interim anticipatory bail for a period of 90 days or till submission of police report under Section 173 (2) Cr.P.C. by order of this Court dated 12.05.2022 Now, the period of 90 days has passed, therefore, requested for anticipatory bail.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, it appears that this applicant is Mausi of co-accused Arvind Yadav against whom allegation of enticement of the victim is made who was major at the time of alleged incident and only allegation of assisting has been made against this applicant and also the fact that she was on interim anticipatory bail by this Court as aforesaid and has
not violated any of the directions imposed by this Court. Therefore, a case of anticipatory bail is made out against the applicant.
In the event of arrest of the applicant- Kalawati Devi , shall be released on anticipatory bail till the pendency of trial, on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the learned trial court unless exempted;
(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;
(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.
In default of any of the conditions, this bail order shall automatically stand vacated.
Order Date :- 23.1.2023 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail is grantable to the applicant on the withdrawal of interim bail after 90 days.
Whether the conditions of bail and personal bond are sufficient to meet the criteria of S. 438 Cr.P.C.
1 provisions across 1 enactments
Smt. Kalawati Devi
State Of U.P.
Subhash Chandra Sharma
Suraj Srivastav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
