Advocates:
['R P S CHAUHAN', '', 'YOGESH KUMAR SINGH', 'G A', '', 'ASHOK KUMAR MAURYA']

Court No. - 72

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 942 of 2021

Applicant :- Vibha Singh

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- R.P.S. Chauhan,Yogesh Kumar Singh

Counsel for Opposite Party :- G.A.,Ashok Kumar Maurya

Hon'ble Suresh Kumar Gupta,J.

Heard Mr. Yogesh Kumar Singh, learned counsel for the

applicant, learned Additional Government Advocate for the

State and Mr. Ashok Kumar Maurya, learned counsel for the

first informant.

The instant anticipatory bail application has been filed with a

prayer to grant an anticipatory bail to the applicant in Case

Crime No. 168 of 2020 under Sections 115 I.P.C., Police

Station- Sukhpura, District- Ballia.

Learned counsel for the applicant has submitted that the

applicant is innocent and has been falsely implicated in the

present case. The applicant is a lady and she has not committed

any offence as alleged in the impugned FIR. Due to

matrimonial dispute, the impugned FIR has been filed by the

first informant, who is husband of applicant. There is no date,

time and place has been mentioned in the FIR. Further

submission is that there is no audio or video recording of the

alleged incident has been collected by the investigating officer

during course of investigation. The applicant is having no

previous criminal history.

Leaned AGA as well as learned counsel for first informant have

vehemently opposed the prayer for anticipatory bail to the

applicant and have submitted that audio recording is available

in support of prosecution case and in view of the seriousness of

the allegations made against the applicant, she is not entitled to

grant of anticipatory bail. The apprehension of the applicant is

not founded on any material on record. Only on the basis of

imaginary fear, anticipatory bail cannot be granted.

Earlier the applicant have granted interim protection by a

coordinate Bench of this Court vide order dated 20.01.2021.

Despite time granted to the learned AGA as well as learned

counsel for first informant, counter affidavit has not been filed

till date.

Accordingly, the order dated 20.01.2021 is hereby confirmed.

The applicant shall remain on anticipatory bail till conclusion of

trial in the light of the judgement of Sushila Aggarwal vs. State

(NCT of Delhi)- 2020 SCC Online SC 98.

The anticipatory bail application is

allowed

to the

aforementioned extent.

Order Date :- 21.9.2022

Ajeet

Digitally signed by AJEET KUMAR

PATEL

Date: 2022.09.22 09:56:20 IST

Reason:

Location: High Court of Judicature at

Allahabad