Disposed

Pratibha Tiwari v. State of U.P.

Allahabad HC3 Sept 2024ABAIL/8733/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted interim anticipatory bail to the applicant in a criminal matter arising from a matrimonial dispute. The court imposed standard conditions, including availability for interrogation and non-foreign travel, and allowed investigation to proceed.

What did the court decide?

Interim anticipatory bail granted pending investigation and police report with conditions to appear for interrogation and not leave India.

Pratibha Tiwari vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8733 of 2024

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Applicant :- Pratibha Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ashvni Mishra,Ram Krishna Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record.

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This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.230 of 2024, under sections 420, 494, 323, 504, 506, 427 I.P.C., P.S. Civil Lines, District Prayagraj.

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Counsel for the applicant submits that the applicant is the wife of the informant. A matrimonial dispute between the parties has been given colour of a criminal case. Out of their wedlock two children are born. The applicant has no criminal antecedents. Further, the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case.

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Matter requires consideration.

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Issue notice to the informant returnable at an early date.

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The opposite parties are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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Place this case on 12.11.2024 in the additional cause list.

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Till the next date of listing or till the submission of police report under Section 173(2) Cr.P.C., whichever is earlier, in the event of arrest, the applicant Pratibha Tiwari be released on interim anticipatory bail in the aforesaid case crime on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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

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(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;

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(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.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law without being prejudiced by any observation made by this Court while considering the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Order Date :- 24.9.2024 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Pratibha Tiwari v. State of U.P.

Case brief

What is this about?

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Pratibha Tiwari v. State of U.P.

Case brief

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