Smt.Sundarwati And 2 Others vs State Of U.P And Another
2021 Latest Caselaw 3713 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1437 of 2021
 

 
Applicant :- Smt. Sundarwati And 2 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Vinay Kumar Tripathi
 
Counsel for Opposite Party :- G.A.,Rajneesh Pratap Singh
 

 
Hon'ble Siddharth,J.

Counter affidavit filed by learned A.G.A. in the Court today is taken on record.

Heard learned counsel for the applicants and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicants, Smt. Sundarwati, Smt. Meenu @ Beenu and Smt. Guddan @ Brijesh Devi, with a prayer to release them on bail in Case Crime No. 255 of 2020, under Sections- 147, 324, 352, 308 I.P.C., Police Station- Refinery, District- Mathura, during pendency of trial.

Applicants have approached this Court after submission of charge sheet against them relying upon the judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and judgment of this Court in the case of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020. Learned counsel for the applicants has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicants, hence they are entitled to be enlarged on anticipatory bail till conclusion of trial.

After considering the material collected by the Investigating officer in support of charge sheet, this Court finds that the argument advanced by the learned counsel for the applicants is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicants have been charge sheeted.

However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed that the applicants will appear and surrender before the court below within 30 days from today and apply for bail.

Till then, no coercive action shall be taken against the applicants.

However, in case, the applicants does not appear before the court below within the aforesaid period, coercive action shall be taken against them.

It is made clear that the applicants will not be granted any further time by this court for surrendering before the court below as directed above.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 16.3.2021

KS