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2025 DAILYLAW 168761 (ALL)

SUSHEELA TRIPATHI AND ANOTHER v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

ABAIL/2552/2024 · 2025-02-21

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11403 Court No. - 30 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2552 of 2024 Applicant :- Susheela Tripathi And Another Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Arvind Kumar Srivastava Counsel for Opposite Party :- G.A Hon'ble Om Prakash Shukla,J. 1. Counter affidavit filed by State as well as rejoinder affidavit filed on behalf of the applicants is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 3. This application has been moved by the accused/ applicants- Susheela Tripathi and Aradhana Tripathi for anticipatory bail in FIR/ Case Crime No.0228 of 2023, under Sections 147, 323, 325, 427 and 452 IPC lodged at Police Station Jalalpur, District Ambedkarnagar. 4. Learned counsel for the accused-applicants submits that the applicants are innocent and have falsely been implicated. Both the applicants are women and they were never involved in committing any offence. No specific allegations have been levelled against them and only general allegations have been levelled against them in the FIR. He further submits that the applicants are appearing before the trial Court without seeking any unnecessary adjournments and are cooperating in the trial. The applicants were granted interim protection from arrest vide order dated 18.11.2024 passed by a coordinate Bench of this Court, subject to certain conditions and one of the conditions imposed was that the applicants shall extend cooperation in the investigation and they have cooperated with the investigation and remained present before the investigating officer as and when their presence was required. Charge sheet has been filed. It is further submitted that the applicants shall not seek any adjournment when the prosecution witnesses would be in attendance. It is further submitted that the applicants are not having any criminal history and, thus, their application seeking anticipatory bail may be allowed. 5. Learned A.G.A. opposes the prayer of the applicants but could not dispute the submission made on behalf of the applicants that the applicants have fully cooperated during investigation and are also cooperating in the trial. 6. 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 applicants. Nothing has been brought in the knowledge of this Court by the State which may refute the claim of the applicants of being cooperating in the investigation. 7. Thus, the interim protection from arrest granted vide order dated 18.11.2024 by the Coordinate Bench of this Court is made absolute and, it is provided that in the event of arrest of the applicants, involved in the above-mentioned crime, under the process of the Court or on their appearance before the trial court within 20 days from today i.e. 13.03.2025, whichever is earlier, they shall be released forthwith on anticipatory bail on their 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 applicants, 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 applicants shall cooperate in the investigation and make himself available as and when required by the Investigating officer of the case, even for the recovery of any fact. (iii). The applicants 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 applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court. (v). The applicants 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. 8. 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 them in accordance with law. 9. 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. 10. 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