Smt. Roop Devi vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 18700 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:49043
 
Court No. - 16
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 513 of 2023
 

 
Applicant :- Smt. Roop Devi
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. U.P. Lko. And Another
 
Counsel for Applicant :- Lalit Kishore Pandey,Pawan Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Vidyarthi,J.

On 28.02.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -

"Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.

Issue notice to respondent no.2 returnable at an early date.

Learned Counsel for the applicant submits that the applicant is a lady, aged about 63 years. The co-accused Smt. Lalita Devi who is daughter in law of the applicant has been given interim protection by this Court vide order dated 20.2.2023 passed by this court in Anticipatory bail No.424 of 2023. Nand Kishore, husband of the applicant is real culprit. The applicant has no antecedent. She undertakes to cooperate in the investigation.

Learned A.G.A has opposed the bail prayer, however, does not dispute the aforesaid facts. He is allowed fifteen days' time to file objections.

On due consideration to the fact that the applicant has no criminal antecedent; she is a lady; investigation is still pending; she undertakes to cooperate in the investigation, and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in Case Crime No.746 of 2022, under Section 406, 419, 420, 467, 468, 471,504,506 and 120-B Indian Penal Code, Police Station Chinhat, District Lucknow, on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

The applicant shall cooperate in the investigation and she will not influence the witness.

The accused-applicant will remain present within 20 days' from today before the Investigating Officer concerned, failing which, the benefit of this order shall not be available to her.

The applicant shall not leave India without previous permission of the Court.

List on 31.3.2023 and connect with anticipatory bail No.424 of 2023 Smt. Lalita Devi versus State of U.P. and another."

Although a counter affidavit has been filed, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out any violation of the conditions of interim anticipatory bail committed by the applicant.

In view of the aforesaid circumstances, the interim order dated 28.02.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.

(Subhash Vidyarthi J.)

Order Date :- 24.7.2023

A.Nigam