Saumya Alias Jyoti Rani vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:2

Court No. - 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11651 of 2024

Applicant :- Saumya Alias Jyoti Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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The instant application under Section 438 Cr.P.C. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 32 of 2024, under Section 306 I.P.C., Police Station Sector 39 Noida, District Gautam Buddh Nagar.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report and the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Amalendu Pal vs. State of West Bengal arising out of Criminal Appeal No. 2091 of 2009 decided on 11.11.2009. Further, during the course of investigation, the applicant was granted protection by this Court vide order dated 07.03.2024 passed in Criminal Misc. Writ Petition No. 3550 of 2024 (Saumya vs. State of U.P. and 2 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant is a lady and has no criminal antecedents.The applicant has been summoned by the concerned court. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for

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the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the allegations in the first information report and the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out, the fact that during the course of investigation, the applicant was granted protection by this Court. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant Saumya Alias Jyoti Rani, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall make herself available on each date fixed in the matter by the court concerned;

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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;

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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 concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 2.1.2025 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Saumya Alias Jyoti Rani v. State of U.P. and Another

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