Court No. - 80

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 12394 of 2022

Applicant :- Sudesh

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Triloki Nath,Shravan Kumar Yadav

Counsel for Opposite Party :- G.A.,Rajendra Kumar Singh

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant, learned counsel for

informant as well as learned counsel for the opposite party

learned AGA for the State and perused the material placed on

record.

This anticipatory bail application (under section 438 Cr.P.C.)

has been moved seeking bail in Case Crime No.133 of 2022,

under sections 323, 504, 506, 326 I.P.C., Police Station Rehar,

District Bijnor, during the pendency of investigation.

Facts in brief are that on 19.09.2022 at about 6:00 p.m., the

applicant and her husband had started abusing to the informant

and her brother also assaulted with lathi, danda, kicks and fists.

During marpeet, this applicant bit the ear of the informant,

causing mutilation of the ear, regarding which an F.I.R. was

lodged under Sections 323, 504, 506 I.P.C. and during

investigation, Section 326 was added. It is submitted that in this

case, the applicant is innocent and has committed no offence.

There is mutual dispute between informant and applicant in

which injury was caused on the person of the informant on her

ear. The injury said to be caused, is simple in nature and cannot

be said fatal to the life and it was not caused with intention to

mutilate the ear of the informant but in the heat of passion, this

incident took place. Since the matter is under investigation, so

apprehension of arrest has arisen against the applicant. In case,

the applicant is released on bail, she would not misuse the

liberty of bail and would cooperate with the investigation.

Learned counsel for the informant and learned A.G.A. have

opposed the prayer for anticipatory bail and argued that this is

the applicant, who bit the ear of the informant by teeth, causing

mutilation of upper pinna of the ear, which is grievous in nature

and caused dis-figuration of the face of the informant, who is

unmarried girl.

Considering the facts and circumstances of the case,

submissions made by learned counsel for the parties as well as

learned A.G.A. and perusal of record, without expressing any

opinion of the merits of the case, it appears that there is ground

to grant anticipatory bail in favour of this applicant.

In the event of arrest of the applicant- Sudesh, shall be released

on anticipatory bail till the submission of police report, if any,

under section 173 (2) Cr.P.C., on furnishing a personal bond of

Rs. 25,000/- with two sureties each in the like amount to the

satisfaction of the Station House Officer of the police station

concerned with the following conditions:-

(i) The applicant shall make himself available for interrogation

by a police office as and when required;

(ii) 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 from disclosing such facts to

the Court or to any police office;

(iii) The applicant shall not leave India without the previous

permission of the Court and if he has passport, the same shall

be deposited by him before the S.S.P./S.P. concerned.

In default of any of the conditions, the Investigating Officer is

at liberty to file appropriate application for cancellation of

anticipatory bail granted to the applicant.

Order Date :- 23.1.2023

Shivangi

Digitally signed by :-

SHIVANGI YADAV

High Court of Judicature at Allahabad