High Court

Contention of the learned counsel for the applicant is that after thoroughly considering the factual matrix of the case, the interim bail was granted by this Court to the applicant vide order dated 18.11.2024. The order dated 18.11.2024 is quoted hereinunder :- "Heard Sri Rishabh Tewari, learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No. 292 of 2023, under sections 147, 323, 324, 336, 504, 325 and 308 of the IPC, Police Station-Haiderganj, District-Ayodhya/Faizabad. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant is a woman and she was never involved in committing any offence. He next added that no specific role has been assigned to the present applicant and the applicant has no previous criminal history. He submits that the applicant is always cooperating with the investigation proceedings and she undertakes that she will always remain present before the Investigation Officer as well as subsequently, in the trial proceedings and she would never abscond. He submits that the role of the present applicant is distinguishable from the role of the other co- accused persons as she is a woman and no specific role is assigned to her. Further added that there is an acute apprehension that the police will arrest the present applicant and therefore, submission is that she may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and there are injuries over the body of the injured and as such, the applicant is not entitled for any relief,but, he has failed to demonstrate that the applicant is not cooperating in the trial proceedings or there is an apprehension that she will flee away from investigation proceedings. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Priyanka @ Priyanka Shukla, shall be released forthwith, in case of her arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on her furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the week commencing 06.01.2025. In the meantime, learned counsel for the State shall file the counter affidavit." From perusal of the bail application, it transpires that of this Court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 18.11.2024 and now, after filing of the Counter Affidavit, no adverse material has been placed by the State against the applicant. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby allowed while granting bail to the applicant namely, Priyanka @ Priyanka Shukla till disposal of the trial subject to the following conditions :- (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 6.1.2025 Mayank

Contention of the learned counsel for the applicant is that after thoroughly considering the factual matrix of the case, the interim bail was granted by this Court to the applicant vide order dated 18.11.2024. The order dated 18.11.2024 is quoted hereinunder :- "Heard Sri Rishabh Tewari, learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No. 292 of 2023, under sections 147, 323, 324, 336, 504, 325 and 308 of the IPC, Police Station-Haiderganj, District-Ayodhya/Faizabad. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant is a woman and she was never involved in committing any offence. He next added that no specific role has been assigned to the present applicant and the applicant has no previous criminal history. He submits that the applicant is always cooperating with the investigation proceedings and she undertakes that she will always remain present before the Investigation Officer as well as subsequently, in the trial proceedings and she would never abscond. He submits that the role of the present applicant is distinguishable from the role of the other co- accused persons as she is a woman and no specific role is assigned to her. Further added that there is an acute apprehension that the police will arrest the present applicant and therefore, submission is that she may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and there are injuries over the body of the injured and as such, the applicant is not entitled for any relief,but, he has failed to demonstrate that the applicant is not cooperating in the trial proceedings or there is an apprehension that she will flee away from investigation proceedings. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Priyanka @ Priyanka Shukla, shall be released forthwith, in case of her arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on her furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the week commencing 06.01.2025. In the meantime, learned counsel for the State shall file the counter affidavit." From perusal of the bail application, it transpires that of this Court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 18.11.2024 and now, after filing of the Counter Affidavit, no adverse material has been placed by the State against the applicant. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby allowed while granting bail to the applicant namely, Priyanka @ Priyanka Shukla till disposal of the trial subject to the following conditions :- (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 6.1.2025 Mayank