CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C v. State Of U.P. Thru. Prin. Secy. Home Lko & Anr.
Case at a glance
- Bench
- KARUNESH SINGH PAWAR
Outcome
Disposed of
anticipatory bail application is disposed of in terms of the interim order
Provisions considered
Key paragraphs
- Para 99. List after four weeks. " Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. She has duly cooperated in the investigation. She…
Judgment
: Aman Kumar Shrivastav Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Case called out. None appears for the complainant. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 0317 of 2024, under Section 306 IPC, Police Station- Majgai, District- Kheri. The Co-ordinate Bench of this Court vide order dated 25.10.2024 has passed the following order granting interim anticipatory bail to the applicant:- "
Heard Sri Aman Kumar Shrivastav, learned counsel for the applicant and Sri Nikhil Kumar Singh, learned AGA for the State.
Learned counsel for the applicant has stated that the applicant is apprehending her arrest in Case Crime No.0317 of 2024, under Section 306 IPC, Police Station- Majgai, District- Kheri.
Learned counsel for the applicant has stated that as per the allegation of the FIR, the husband of the applicant has committed suicide on account of ill behavior of the applicant, but the FIR does not indicate overt act on the part the applicant instigating the deceased to commit suicide. The present applicant is a lady having one minor child of two years. In the same case crime, the other two co-accused persons have been granted arrest stay by the Division Bench of this Court vide order dated 2 ABAIL No. 2453 of 2024
24.10.2024 passed in Criminal Misc. Writ Petition No.8100 of 2024.
Learned counsel for the applicant has stated that the charge-sheet has not been filed as the investigation is going on and the applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty, if provided by this Court.
The matter requires consideration.
Considering the aforesaid facts and circumstances, I find it appropriate that liberty of the present applicant may be protected till conclusion of investigation proceedings in view of the dictum of Hon'ble Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
It is directed that in the event of arrest, the applicant- Shobha Rani shall be released on anticipatory bail in the aforesaid case crime number till completion of the investigation and filing of police report on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court/court concerned/arresting authority with the following conditions:- (i). that the applicant shall appear before the investigating officer and trial court on each date fixed unless his personal presence is exempted; (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 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 prior permission of the court; (iv). that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi). that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Let objection/counter affidavit be filed within a period of four weeks.
Operative part
List after four weeks. " Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. She has duly cooperated in the investigation. She has not misused the liberty of interim anticipatory bail granted by the Court. She undertakes to cooperate in the trial and in case, she is enlarged on anticipatory bail, she shall not misuse the liberty of same. 3 ABAIL No. 2453 of 2024 Learned A.G.A. has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that she will cooperate in the trial, this anticipatory bail application is disposed of in terms of the interim order. September 16, 2025 Shravan (Karunesh Singh Pawar,J.) SHRAVAN KUMAR SHRAVAN KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: anticipatory bail application is disposed of in terms of the interim order
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Bharatiya Nagarik Suraksha Sanhita, 2023; Indian Penal Code, 1860 — s. 306.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.