Rubi @ Pinki v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Court No. - 33 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2353 of 2024 Applicant :- Rubi @ Pinki Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Lalji Prasad Shukla,Uma Shanker Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Lalji Prasad Shukla, learned counsel for the applicant and Ms. Parul Kant, learned AGA for the State and perused the record.

¶2The present application under Section 438 Cr.P.C. has been filed by the applicant (Rubi @ Pinki) seeking bail in anticipation of her arrest in Case Crime No. 108 of 2024 under Sections-147, 148, 149, 323, 504, 506, 307, 308, 325, 452, 427, 392 IPC, Police Station-Raniganj, District-Pratapgarh.

¶3Contention of learned counsel for the applicant is that applicant (Rubi @ Pinki) is a lady and she has been falsely implicated merely because she is daughter of one of the co-accused/Ram Samaj Gautam. A perusal of FIR as well as statements of injured witnesses, it is clear that general allegations have been made against 13 known persons.

¶4Per contra, learned AGA opposed the prayer and has submitted that two persons are injured, therefore, at this stage, it cannot be said that no offence has been committed by the applicant (Rubi @ Pinki) as she was named in the FIR as also in the statements of the injured persons. Therefore, no case is made out for anticipatory bail.

¶5However, considering the fact that there are general allegations against 13 persons who belong to same family including the applicant, who is a lady. From a perusal of FIR, it also appears that applicant (Rubi @ Pinki) was not assigned any weapon for any role of causing injury to the injured persons, therefore, there is chance of false implication of applicant merely because she is daughter of one of the co-accused/Ram Samaj Gautam. Therefore, applicant is entitled to be released on anticipatory bail.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicant, she is entitled to get anticipatory bail during investigation.

¶7In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant, Rubi @ Pinki involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Investigating Officer with the following conditions:-

(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

(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 her from disclosing such facts to the Court or to any police officer.

(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

¶8In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶09With the aforesaid observations/directions, the application stands disposed of. Order Date :- 22.11.2024 Asha High Court of Judicature at Allahabad, Lucknow Bench