Smt. Pyaro @ Manjit Kaur Sidhu And ... vs State Of U.P.
2022 Latest Caselaw 878 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1311 of 2022
 

 
Applicant :- Smt. Pyaro @ Manjit Kaur Sidhu And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Prashant Kumar Yadav
 
Counsel for Opposite Party :- G.A.,Arvind Kumar Upadhyay
 

 
Hon'ble Vivek Kumar Singh,J.

Heard Sri Prashant Kumar Yadav, learned counsel on behalf of applicant and Sri Arvind Kumar Upadyay, learned counsel for the complainant and Sri Sanjay Singh, learned AGA-I for the State.

The instant anticipatory bail application has been filed on behalf of the applicants, with a prayer to release the applicants on anticipatory bail in Case Crime No.119 of 2021, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Chhajlet, District- Moradabad, during pendency of trial.

It is contended on behalf of the applicant that they are innocent and have been falsely implicated in the present case. They did not commit any offence as alleged. It is further submitted that they have been implicated in the present due to ulterior motive. It is further submitted that the applicant no.1 is the mother-in-law and applicant no.2 is the father-in-law of first informant. The applicants have no criminal antecedent.

Learned counsel for the complainant as well as learned AGA have vehemently opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicant is entitled to be released on anticipatory bail in this case.

Let the applicants namely (i) Smt. Pyaro @ Manjit Kaur Sidhu (ii) Vasan Singh @ Vasan Singh Siddhu involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.

2. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.

3. That the applicants 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 them from disclosing such facts to the Court or to any police officer;

4. The applicants shall file an undertaking to the effect that they 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 applicants.

5. In case, the applicants misuses the liberty of bail, the trial 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 applicants 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 his bail and proceed against them in accordance with law.

Order Date :- 8.4.2022

Dev/-