RAM PYARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
ABAIL/2050/2024 · 2025-02-21
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157049 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157049 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11652 Court No. - 30 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2050 of 2024 Applicant :- Ram Pyari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Harendra Pratap Singh,Hari Bux Singh Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. The instant application has been moved by the applicant- Ram Pyari, in Case Crime No. 173 of 2002, under Sections 218, 409, 419, 420, 467, 468, 471, 120B I.P.C. and Section 13(1)(C)(D), 13(2) Anti Corruption Act, 1988, Police Station- Fatehpur Chaurasi, District- Unnao with the prayer to enlarge her on anticipatory bail, as she is apprehending arrest in the above-mentioned case. 3. Learned counsel for the accused-applicant submits that the applicant is a lady aged about 63 years and she has falsely been implicated. The FIR was registered in the year 1991 and the applicant was not named in the FIR. None of the prosecution witnesses has taken the name of the applicant. Charge sheet was filed way back in the in the year 2016 without arresting the applicant. There is no material against the applicant. The applicant was granted interim protection from arrest vide order dated 09.09.2024 passed by a coordinate Bench of this Court on the grounds mentioned in the said order. The applicant is cooperating in the investigation/ trial. It is further submitted that the applicant is not having any criminal history and thus, her application seeking anticipatory bail may be allowed. There is no apprehension that after being released on anticipatory bail
she may flee from the course of law or may otherwise misuse the liberty. 4. Learned A.G.A. opposes the prayer of the applicant but could not dispute the submission made on behalf of the applicant that the applicant was not named in the FIR and she has fully cooperated during investigation and are also cooperating in the trial and charge sheet has been filed without arresting her. 5. Having heard learned counsel for the parties and having perused the record, it is evident that the interim protection from arrest was granted by the coordinate Bench of this Court in favour of the applicant on 09.09.2024.
It is an admitted case of the parties that the charge sheet in this case has been filed by the investigating officer without making arrest of the applicant and there is nothing on record, which may suggest that the applicant has not cooperated in the investigation or are not cooperating in trial. The applicant has no previous criminal history. No prosecution witness has taken the name of the applicant nor there is anything available against the applicant. 6. Thus, the interim protection from arrest granted vide order dated 09.09.2024 by the Coordinate Bench of this Court is made absolute and, it is provided that in the event of arrest of the applicant, involved in the above-mentioned crime, under the process of the Court or on her appearance before the trial court within 20 days from today i.e. 14.03.2025, whichever is earlier, she shall be released forthwith on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Trial Court, subject to the following conditions: (i). The applicant, if not arrested earlier, shall appear before the trial court within 20 days from today and cooperate in the trial
and shall not seek any adjournment when the prosecution witness would be in attendance. (ii). In case of further investigation or re-investigation the applicant shall cooperate in the investigation and make herself available as and when required by the Investigating officer of the case, even for the recovery of any fact. (iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his release on anticipatory bail. (iv). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court. (v). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.
7.
If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and shall proceed against her in accordance with law. 8. It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner. 9. This anticipatory bail application is allowed accordingly. Order Date :- 21.2.2025 G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench