Suman v. State of U.P.

Neutral Citation No. - 2023:AHC:132409

Court No. - 72

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7032 of 2023

Applicant :- Suman Opposite Party :- State of U.P. Counsel for Applicant :- Shivanand Mishra Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

1. List has been revised.

1. Heard Sri Shivanand Mishra, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State as well as perused the record.

1. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.46 of 2023, registered under Sections 323, 506, 392, 411 and 120B IPC at Police Station- Chaubiya, District Etawah with a prayer to enlarge her on anticipatory bail.

1. As per prosecution story, the FIR was instituted against unknown persons by the informant of having assaulted his sister-in-law on 06.04.2023.

1. Learned counsel for the applicant has stated that the applicant is a lady and is not named in the FIR and she has been falsely implicated in the present case. Even it is not mentioned in the FIR that some lady was involved in the said incident. Learned counsel has further stated that two co-accused persons were arrested by the police and the name of the husband of the applicant Virendra Kumar has come up in their statements and the said statement of the co-accused persons is not admissible in evidence. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of her arrest. Learned counsel for the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.