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Sunita Devi [Anticipatory Bail] vs State Of U.P. on 14 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- BAIL No. – 8648 of 2019

Applicant :- Sunita Devi [Anticipatory Bail]

Opposite Party :- State Of U.P.

Counsel for Applicant :- Aishwarya Pratap Singh,Dileep Singh,Sandeep Kumar

Counsel for Opposite Party :- Shubham Tripathi,Sudhanshu Shekhar Tripath

Hon’ble Dinesh Kumar Singh,J.

1. The petitioner is mother-in-law of the complainant who is accused in FIR No.430 of 2019 registered on 06.08.2019 under Sections 498A, Section323, Section342, Section377, Section506 IPC and 3/4 of the SectionDowry Prohibition Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar.

2. The husband of the complainant is already in jail. The complainant has implicated all the family members including mother-in-law, father-in-law and sister-in-law, who is a student and lives in Kanpur in a hostel preparing for the competitive examination. It is alleged that the marriage of the complainant with Anand Soni took place six years before the date of incident.

3. Considering the allegations in the FIR and the role assigned to the petitioner, it would be appropriate in the interest of justice to grant protection under Section 438 Cr.P.C. to the petitioner till filing of police report under Section 173(8) Cr.P.C. In the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- and one surety 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 witnesses. She will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation. The applicant shall also be released with the following conditions :-

(i) That the applicant shall make herself available for interrogation by a police officer as and when required;

(ii) That 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 them from disclosing such facts to the Court or to any police officer;

(iii) That the applicant shall not leave India without the previous permission of the Court; and

(iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.

4. With the above observation/direction, the anticipatory bail application is disposed of.

Order Date :- 14.10.2019

prateek

 

 

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