Allowed

Raj Dulari v. State of U.P. Thru. the Prin. Secy. Home Lko and Another

Allahabad HC3 Oct 2024ABAIL/2213/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the Allahabad High Court granted interim anticipatory bail to the applicant, an elderly woman named Raj Dulari, in a non-cognizable offence triable by a magistrate. The court relied on her explanation, lack of specific role, and absence of prior convictions while referencing the Sushila Aggarwal judgment, while allowing the prosecution 15 days to file a

What did the court decide?

Interim anticipatory bail granted subject to furnishing a personal bond and two sureties, cooperation in investigation, no leaving India without permission, and reporting to the IO within twenty days.

Raj Dulari vs State of U.P. Thru. the Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2213 of 2024 Applicant :- Raj Dulari

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Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko And Another

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Counsel for Applicant :- Dileep Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel the applicant and learned A.G.A. for the State.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 455/2024, under Sections 419/420/467/468/471 I.P.C., P.S. Kotwali Nagar, District Gonda.

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Learned counsel for the applicant submits that the applicant is a lady. She is neither the seller nor the purchaser or the marginal witness in the sale deed. She is not concerned with the said property. She has not derived any benefit from the alleged consideration amount. No amount has been paid in her account. In the entire prosecution case, there is no specific role assigned to the applicant. The offences are triable by magistrate.

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Learned counsel for the applicant submits that the applicant is not a previous convict and he undertakes to cooperate in the investigation.

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Issue notice to respondent No. 2.

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Steps be taken within a week.

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Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.

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List on 07.11.2024.

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On due consideration to the fact that offences are triable by

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magistrate; the applicant is a lady; she has explained his criminal history of four cases; no specific role has been assigned to the present applicant except the allegation that she is member of Brajesh Awasthi Gang and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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Order Date :- 3.10.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Raj Dulari v. State of U.P. Thru. the Prin. Secy. Home Lko and Another

Case brief

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Raj Dulari v. State of U.P. Thru. the Prin. Secy. Home Lko and Another

Case brief

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