Allahabad High Court
Kiran Devi @ Kiran Verma And Others vs State Of U.P. Thru Secy. Home ... on 26 May, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 781 of 2022
Applicant :- Kiran Devi @ Kiran Verma And Others
Opposite Party :- State Of U.P. Thru Secy. Home Lucknow And Anr.
Counsel for Applicant :- Farooq Ayoob
Hon'ble Krishan Pahal,J.
Heard Sri Farooq Ayoob, learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Crime No.176 of 2021, registered under Sections 147, 148, 149, 323, 333, 336, 337, 341, 453, 504, 427, 307 IPC & 7 C.L.A. Act at Police Station- Kothi, District Barabanki with a prayer to enlarge them on anticipatory bail.
As per prosecution story, 18 named co-accused persons and 60 unknown persons are said to have blocked the road over the improper investigation in a murder case and the said mob is stated to have indulged in brick-batting and violence on the police personnel on 09.06.2021 at about 8:00 pm.
Learned counsel for the applicants has stated that the applicants are ladies and have nothing to do with the said offence. The applicants are not named in the FIR. There are 18 named persons in it but the name of the applicants are missing. The name of the applicants has come up later on in the statement of the co-accused persons which is not admissible. The charge-sheet has already been filed against the applicants. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertake that they will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants Kiran Devi @ Kiran Verma, Usha Devi Verma, Rinki Verma, Anshu Verma and Swati Verma be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. 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 or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 26.5.2022
Ravi Kant
