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2025 DAILYLAW 128115 (ALL)

SMT. KUMKUM SINGHAL @ KUMKUM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/310/2025 · 2025-03-11

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14881 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 310 of 2025 Applicant :- Smt. Kumkum Singhal @ Kumkum Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arunendra Mohan Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Sri Arunendra Mohan Shukla, learned counsel for the applicant, Sri V.K. Shahi, Additional Advocate General, U.P. assisted by Sri Ranvijay Singh, learned AGA the State. 2. The present applicant is apprehending her arrest in Case Crime No.376/2024 under Sections 115(2), 10, 105, 318(4) and 324 (5) B.N.S., 2023 and Section 7 of Criminal Law Amendment Act, Police Station- Sarojini Nagar, District Lucknow. The applicant has been falsely implicated in the present case as she has not committed any offence as alleged in the prosecution story. Attention has been drawn towards impugned FIR which was lodged against her husband. 3. At the very outset, learned counsel for the applicant has stated that the incident in question which took place on 07.09.2024 was an unfortunate incident which was beyond the control of the present applicant, inasmuch as mainly due to two reasons, the incident in question had taken place. Firstly, due to heavy rains in the month of September, the building in question got affected and secondly due to two truck having rammed into the building in question, the building got damaged. In such incident, eight persons died. Learned counsel for the applicant has further stated that the investigation is going on and the applicant undertakes that she will cooperate in the investigation and shall not misuse the liberty of anticipatory bail, if granted. She being an old aged lady may not be taken into judicial custody when she is having her permanent address and there is no flight risk. 4. Attention has been drawn towards Annexure-5 which is a anticipatory bail order dated 17.10.2024 granted by this Court in favour of her husband Rakesh Kumar Singhal, therefore, she pressed pairity with her husband. Learned counsel has further stated that her husband Rakesh Kumar Singhal is a critical heart and cancer patient and she is the only person to look-after him, therefore, this may be one more reason seeking anticipatory bail. 5. Learned Additional Advocate General Sri V.K. Shahi has however opposed the aforesaid bail application but on the aforesaid submission of learned counsel for the applicant, he has stated that the applicant may be directed to cooperate in the investigation properly till filing of the police report. 6. Before granting anticipatory bail to the present applicant till completion of the investigation and filing of the police report, the applicant is directed to appear before the Investigating Officer on 17.03.2025 at 11:30 a.m. Thereafter, she shall abide by all the directions of the Investigating Officer regarding her cooperation in the investigation. she shall provide all the required material/evidences which are within her possession to the investigating officer as and when the same is demanded. In a nutshell, her proper cooperation in the investigation would be the paramount consideration to keep her out of judicial custody, failing which any appropriate application may be filed by the investigating officer in the Court and any appropriate order may be passed thereon. 7. Therefore, it is directed that in the event of arrest, applicant- Smt. Kumkum Singhal @ Kumkum shall be released on anticipatory bail in the aforesaid case crime number, till completion of investigation and filing of police report on her furnishing a personal bond of Rs. 2,00,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- (i). That the applicant shall make herself available for interrogation by the 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii). that the applicant shall not leave India without prior permission of the court; (iv). that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial (v). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted (vi). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vii). that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. In view of the aforesaid, this anticipatory bail application is disposed of finally. Order Date :- 11.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench