Research › Search › Judgment

Allahabad High Court · body

2019 DIGILAW 2249 (ALL)

Rekha v. State of U. P.

2019-09-25

RAM KRISHNA GAUTAM

body2019
JUDGMENT : Ram Krishna Gautam, J. Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record. 2. This application moved under Section 438 (1) Cr.P.C. has been moved by Smt. Rekha against State of U.P. and one other in Case Crime No. 154 of 2019, under Section 147, 148, 149, 307, 336, 332, 353, 225, 504, 506 I.P.C. & Section 7 of Criminal Law (Amendment) Act, 1932, P.S. Sikandarpur Vaish, District Kasganj. 3. Learned counsel for the applicant argued that this case crime number was got registered on 17.8.2019 for above Sections, upon the report of Sub-Inspector Aditya Kumar Dixit, against 12 named and one unknown, with this contention that police personnel received an information of sell of illicit liquor at the shop of Hari Shanker and when a raid at above shop was made, those named accused persons with other unknown, did assault over police team wherein firearm shot were exchanged but police personnel could managed to save their lives. Family members of Hari Shanker started pelting stones. One of them, Hari Shanker, was apprehended and from whom those articles were recovered, which have been written in recovery memo. Accusation against applicant is of pelting stones whereas none of the police personnel was injured. Hence, anticipatory bail has been prayed for. 4. Learned A.G.A. opposed the prayer for bail. 5. Having heard learned counsels for both sides, there seems sufficient ground for grant of bail. 6. In the event of arrest of the applicant Smt. Rekha involved in Case Crime No. 154 of 2019, under Section 147, 148, 149, 307, 336, 332, 353, 225, 504, 506, 452, 323 I.P.C. & Section 7 of Criminal Law (Amendment) Act,1932, P.S. Sikandarpur Vaish, District Kasganj, shall be released on bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 20,000/- 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 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 he has passport the same shall be deposited by him before the S.S.P./S.P. concerned. 7. 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. 8. 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. 9. 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. 10. The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.