Advocates:
['INDRA KUMAR SINGH', '', 'BEERENDRA PRATAP SINGH', 'G A']

Court No. - 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 11436 of 2021

Applicant :- Smt. Vishakha Shukla ( Nanad)

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

Counsel for Applicant :- Indra Kumar Singh,Beerendra Pratap

Singh

Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant, learned AGA and

perused the record.

By means of the present application the applicant, Smt.

Vishakha Shukla ( Nanad) seeking her anticipatory bail in Case

Crime No. 517 of 2021, u/s 306 IPC, P.S. Shahibabad, District

Ghaziyabad.

From the record it is evident that the applicant has approached

this Court straightaway without getting her anticipatory bail

rejected from the Court of Session.

Learned counsel for the applicant has drawn attention of the

Court to Clause-7 of Section 438 Cr.P.C. (U.P. Act No.4 of

2021), which read thus :

"(7) If an application under this section has been made by

any person to the High Court, no application by the same

person shall be entertained by the Court of Session."

After interpreting the aforesaid clause it is clear that the

Legislature in its wisdom bestowed two avenues open for the

accused. If the accused has chosen to come to the High Court

straightaway, then he would not be relegated back to exhaust

his remedy before the Court of Session first.

It is contended by learned counsel for the applicant that initially

the case was filed u/s 306 IPC but later on during investigation

the texture of the case was changed and sections 498-A, 120-B,

IPC and 3/4 D.P. Act were added in the array of the sections. He

further submits that the applicant is a married sister-in-law. She

is a distinct entity and she is not the beneficiary of the alleged

dowry demand.

But from her address and other related documents it is clear that

her involvement in the internal matters of her parent and affairs

of Mohit cannot be ruled out. A lady who is mother of two

small kids, normally, cannot self immolate without any cogent

or moving reason. Though the applicant is married sister-in-law

resides in same city rather in neighbourhood, cannot be said

with certainty that she was not involve in the process of

abatement to commit her suicide.

After perusing the record, the Court is not inclined to grant

indulgence in favour of the applicant, therefore, the present

anticipatory bail stands REJECTED.

However, the applicant is granted the liberty to surrender before

the court concerned on or before 30.08.2021 and apply for

regular bail.

Order Date :- 11.8.2021

Nisha