HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 2
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 1373 of 2020
Applicant :- Smt. Madhuri
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dharmendra Kumar Singh
Counsel for Opposite Party :- G.A.
Hon’ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Applicant is mother-in-law; she resides at Pune; she is a cancer patient; body of the deceased was recovered after breaking open the door of the room; custodial interrogation of the applicant at this stage is not necessary; applicant has no other reported criminal antecedent; applicant undertakes that if enlarged on bail, she will never misuse her liberty and will co-operate in the investigation.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that she has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant-Smt. Madhuri, involved in Case Crime No. 1076/2019, under Sections 323, 304B, 120B, 498A IPC and 3/4 Dowry Prohibition Act, Police Station Dhoomanganj, District Prayagraj, she shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on her furnishing a personal bond of Rs. 50,000/- 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 herself 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 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 she has passport the same shall be deposited by her 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 :- 19.2.2020