Allowed

Smt. Santosh v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Allahabad HC4 Oct 2024ABAIL/2328/2024

Case brief

AI extract

What is this about?

Application for anticipatory bail granted to applicant under Section 438 CrPC. Court cited Supreme Court precedents, noted applicant's gender and cooperation, and directed surrender with bail conditions.

What did the court decide?

Applicant directed to surrender; trial court to release on anticipatory bail on personal bond and two sureties subject to conditions.

Smt. Santosh vs State of U.P. Thru. 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. - 2328 of 2024

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Applicant :- Smt. Santosh

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

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Counsel for Applicant :- Kailash Nath Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present application has been filed by the applicant seeking anticipatory bail in Case Crime No. 270/2024, under Sections 323/308/504/506 IPC, P.S. Tarabganj, District Gonda.

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

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Issue notice to respondent No.2.

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Steps be taken within one week.

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In the prosecution case, it is alleged that on 29.05.2024, four accused persons including the applicant have assaulted the informant with lathi and when Vishnu and Vandana ran to rescue, they have also been beaten by the accused persons with lathi and threatened for life.

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Learned counsel for the applicant submits that the applicant is a lady. She has cooperated in the investigation. Charge sheet has been filed. He further submits that the applicant is suffering from heart disease. Treatment is going on in KGMU with a financial help of the State Government. Specific pleading in this regard has been taken by her in paragraph 15 of the bail application. She has no criminal history. The applicant is innocent. She

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undertakes to cooperate in the trial.

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Learned AGA has opposed the bail application and pray for two weeks' time to file Counter Affidavit.

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On due consideration to the judgment of the Hon'ble Supreme Court passed in the case of Mahdoom Bava v. CBI, 2023 SCC OnLine SC 299 as well as considering the fact that during investigation the applicant has not been arrested; the applicant is a lady; she has cooperated in the investigation; charge sheet in the matter has been filed; undertaking given on behalf of the applicant that she shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to her cooperation in the trial.

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In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.

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(i) 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 him from disclosing such facts to the court or tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed

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unless personal presence is exempted;

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(v) 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 the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming her independent opinion based on the testimony of the witnesses.

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Two weeks' time is allowed to learned A.G.A. to file objections/ counter affidavit.

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List on 11.11.2024 along with Crl. Misc. Case No.2163 of 2024.

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Order Date :- 4.10.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Smt. Santosh v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

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Smt. Santosh v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

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