Advocates:
['ANUBHA GUPTA', '', 'ANKIT SRIVASTAVA', 'G A']

Court No. - 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 1556 of 2022

Applicant :- Smt. Harvindar Kaur

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

Counsel for Applicant :- Anubha Gupta,Ankit Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

appearing for the State and perused the record.

It is contended on behalf of the applicant that she is innocent

and has been falsely implicated in the present case. Applicant is

Jethani of the informant. She did not commit any offence as

alleged. F.I.R. has been lodged after three and half years of the

incident. It is further submitted that he has been implicated in

the present due to ulterior motive. The applicant has no criminal

antecedent.

Learned A.G.A. opposed the prayer for anticipatory bail.

Without expressing any opinion on the merits of the case,

considering the nature of accusation and the fact that he has no

criminal antecedent, the applicant is entitled to be released on

anticipatory bail in this case.

In the event of arrest of the applicant Smt. Harvindar Kaur

involved in Case Crime No. 593 of 2021, under Sections 498-

A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Anup

Shahr, District Bulandshahr, shall be released on anticipatory

bail till the submission of police report under section 173 (2)

Cr.P.C. on his 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 officer 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 him 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.

The Investigating Officer is directed to conclude the

investigation of the present case in accordance with law

expeditiously preferably within a period of three months from

the date of production of a certified copy of this order

independently without being prejudice by any observation made

by this Court while considering and deciding the present

anticipatory bail application of the applicant.

The applicant is directed to produce a certified copy of this

order, before the S.S.P./S.P. concerned within ten days from

today, who shall ensure the compliance of present order.

Order Date :- 5.3.2022

A.P. Pandey

Digitally signed by ANAND

PRAKASH PANDEY

Date: 2022.03.07 11:08:01 IST

Reason:

Location: High Court of Judicature at

Allahabad