Anticipatory bail application by an applicant facing charges under Sections 323, 504, 506, 325 and 308 IPC after charge-sheet filed without arrest. Court allowed the application relying on Satender Kumar Antil and Siddharth, directing release on bail upon surrender or arrest within 20 days.
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Neutral Citation No. - 2024:AHC-LKO:5319
Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 84 of 2024
Applicant :- Smt. Seema Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Govt. Civil Secrt. Lko. Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Siddharth v. State of UP : 2021 SCC OnLine SC 615 and it was vide order dated 10.10.2023 passed by the coordinate Bench of this Court in Criminal Misc. Bail Application No.12095 of 2023, co-accused, Ashok could be released on bail. It is also submitted that there is a cross-version FIR of which has been lodged from the applicant's side by Om Prakash on 23.07.2023 bearing FIR/case crime no.0221 of 2023). It is further submitted that two persons from the applicant's side, namely, Om Prakash and Ashok Kumar have also sustained injuries and after investigation in that FIR charge-sheet has been filed. There is a cross-version of the instant FIR and aggressor could only be determined during the course of trial. There is no apprehension that after being released on anticipatory bail, she may flee from the course of law or may otherwise misuse the liberty.
(i). The applicant, if not arrested earlier, shall appear before the
trial court within 20 days from today i.e. till 08.02.2024 and cooperate in the trial and shall not seek any adjournment when the prosecution witness would be in attendance.
(ii). In case of further investigation or re-investigation the applicant shall cooperate in the investigation and make herself available as and when required by the Investigating officer of the case, even for the recovery of any fact.
(iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during her release on anticipatory bail.
(iv). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court.
(v). 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.
Order Date :- 18.1.2024 MVS/-
Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant who was not arrested and against whom charge-sheet has been filed for offences punishable up to 7 years.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and othersRelied on
(2021) 10 SCC 773 · Who else cites this
Siddharth v. State of UPRelied on
2021 SCC OnLine SC 615 · Who else cites this
3 provisions across 2 enactments
Smt. Seema
State Of U.P Thru. Prin. Secy. Deptt. Home Govt. Civil Secrt. Lko.
Mohd. Faiz Alam Khan
As recorded by the court registry
2 orders share this CNR
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