Allahabad High Court
Shaily Singh vs State Of U.P. on 27 January, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 67 of 2021
Applicant :- Shaily Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Ray Sahab Yadav,Rama Shanker
Counsel for Opposite Party :- G.A.,Anil Kumar Mishra
Hon'ble Siddharth,J.
Counter affidavit filed by learned counsel for the informant in the Court today is taken on record.
Heard learned counsel for the applicant, Sri Anil Kumar Mishra, learned counsel for the informant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Shaily Singh, in Case Crime No. 378 of 2020, under Sections- 420, 467, 468, 471, 120B I.P.C., Police Station- Kotwali Dehat, District- Saharanpur.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation against the applicant that she has concocted the transfer certificates of her daughters and got them admitted in school. Learned counsel for the applicant has submitted that there is strained relationship between the applicant and the informant, her husband. Matrimonial disputes are pending between them.
Sri Anil Kumar Mishra, learned counsel for the informant has vehemently opposed the bail application.
Applicant, Shaily Singh, has already been enlarged on interim anticipatory bail by this Court by order dated 07.01.2021.
Accordingly, the anticipatory bail application is allowed and it is provided that in the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.
3. 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;
4. The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. 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. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.1.2021
KS
