This court granted anticipatory bail to Smt. Indu Dubey in a criminal case under Sections 406, 420 IPC referring the Apex Court judgment in Sushila Aggarwal case while laying down specific conditions for the bail.
Anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties subject to specific conditions.
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Neutral Citation No. - 2024:AHC:128288
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7062 of 2024
Applicant :- Smt. Indu Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Anupama Tripathi,Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. Her passport will remain in custody of the concerned trial Court.
iii. That 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 her from disclosing such facts to the Court or to any police officer;
iv. The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.
vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against her in accordance with law.
Order Date :- 8.8.2024 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in the pending trial case under Sections 406, 420 I.P.C.
Colour shows how this judgement treated each authority
Smt. Indu Dubey
Deepak Verma
As recorded by the court registry
3 orders share this CNR
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