Allahabad High Court

Bittu @ Yadav Kusum Surendra vs State Of U.P. Thru. The Prin. Secy. Home ... on 9 September, 2024

Author:
Karunesh Singh Pawar

Bench:
Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Neutral Citation No. - 2024:AHC-LKO:62172

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1818 of 2024

Applicant :- Bittu @ Yadav Kusum Surendra

Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko And Another

Counsel for Applicant :- Om Prakash Tiwari,Mohd. Nafeesh Quraishi

Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

The present application under
Section 438
Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.110/2024, under
Sections 498A
/
/
/
/
/
/
I.P.C. and
Section 3
/
of D.P. Act, P.S. Chhapia, District Gonda.

None appears for the applicant however, learned A.G.A. for the State is present.

This Court while granting interim protection vide order dated 14.08.2024 has passed the following order:-

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

The present bail application under
Section 438
Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 110/2024, under
Sections 498A
/
/
/
/
/
/
I.P.C. and
Section 3
/
of D.P. Act, P.S. Chhapia, District Gonda.

Learned counsel for the applicant submits that the applicant is sister-in-law (jethani) of the victim. The dispute between the victim and her husband is purely matrimonial in nature. Total ten family members of the applicant have been implicated by making general and sweeping allegations. FIR is nothing but a counter blast to an application given by the mother-in-law of the victim under
Section 156(3)
Cr.P.C. There is no corroborative evidence in support of the prosecution case. No injury has been found during the medical examination of the victim. No case under
Section 376
/
/
IPC is made out.

Learned counsel for the applicant submits that the applicant is not a previous convict; he has no criminal antecedents and he undertakes to cooperate in the investigation.

Issue notice to respondent No. 2.

Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.

List on 09.09.2024 after connecting with criminal misc. anticipatory bail application U/S 438
Cr.P.C
. Nos. 1469/2024, 1467 of 2024 and 1828/2024.

On due consideration to the argument advanced as well as perusal of the record and the fact that the applicant is sister-in-law (jethani) of the deceased; the applicant is not a previous convict and having no criminal history 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, as an interim measure, 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 bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

The applicant shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."

Learned A.G.A. submits that dispute is matrimonial in nature. Applicant has no criminal history. Applicant may be directed to cooperate in the investigation.

Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, applicant is directed to cooperate in the investigation as also the interim protection granted by this Court vide order dated 14.08.2024 is made absolute in view of dictum of Apex Court in re:
Sushila Aggarwal Vs. State (NCT of Delhi
)-2020 SCC online SC 98.

In view of the above, it is provided that in the event of arrest, the applicant-Bittu @ Yadav Kusum Surendra shall be released on anticipatory bail in the aforesaid Case Crime number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

(1) The applicant shall cooperate in the investigation and she will not influence the witnesses.

(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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

(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

The application disposed of.

Order Date :- 9.9.2024

Saurabh Yadav/-