Allowed

Vidya Devi v. State of U.P.

Allahabad HC18 Nov 2024ABAIL/10868/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by the mother of an accused in a kidnapping case under Sections 363, 366 and 120B IPC; the court granted anticipatory bail for a limited period till filing of the police report, relying on Sushila Aggarwal.

What did the court decide?

Anticipatory bail granted to Vidya Devi till submission of police report U/s 173(2) Cr.P.C., on personal bond with two sureties, subject to stated conditions.

Vidya Devi vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:180172

¶2

Court No. - 70

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10868 of 2024

¶4

Applicant :- Vidya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

Heard Sri J. P. Yadav, learned counsel for the applicant and learned AGA for the State and perused the material placed on record.

¶7

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 148 of 2024, under Sections 363, 366, 120B I.P.C., P.S. Raunapar, District Azamgarh.

¶8

Counsel for the applicant submits that applicant has been falsely implicated in the present case. Applicant is mother of the accused person against whom allegation is that she helped the accused for enticing the victim. Victim in her statement has not made any specific allegation against the applicant. Applicant is a lady. Charge sheet has been submitted against the accused person. Investigation proceedings is under progress. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

¶9

Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

¶10

Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, 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.

¶11

Let the applicant Vidya Devi, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police

¶12

report U/s 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

¶13

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

¶14

(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 officer;

¶15

(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.

¶16

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.

¶17

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

¶18

The present anticipatory bail application stands allowed .

¶19

Order Date :- 18.11.2024 Nitin Verma

¶20

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Vidya Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vidya Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sandeep Singh @ Teetu and 2 Others vs State of U.P. and 2 Others

Nadeem Khan vs State of U.P. and Another

Bablu Alias Kaisar Ali and Another vs State of U.P. and Another

Kalicharan vs State of U.P.

Amir Khan vs State of U.P. and 2 Others

Aashu @ Aas Mohammad and 3 Others vs State of U.P. and 3 Others