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Neutral Citation No. - 2025:AHC:10884 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 471 of 2025 Applicant :- Neeraj Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Kumar Rajput Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Learned AGA submits that notice of the instant application has been served upon the informant-opposite party no.3 on 14.01.2025 and Child Welfare Committee- opposite party no.4 on 15.01.2025. However, no one appears on their behalf nor any counter affidavit has been filed. The receiving endorsements produced by learned AGA, are taken on record.
2. Heard learned counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State and perused the material placed on record.
3. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 190 of 2024, under Sections 363, 366, 376 92)(n), 120-B IPC and Section 3/4 POCSO Act, Police Station Iglas, District Aligarh.
4. Counsel for the applicant submits that the applicant was not named in the first information report. Subsequently, in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. the name of the applicant was disclosed. The allegation of sexual assault has been levelled against the co-accused Saurabh. The only allegation against the applicant is that she had given phone number of the victim to the co-accused Saurabh and told the victim to talk to him (Saurabh). It is next contended that co-accused Saurabh has been granted bail by this Court vide
order dated 13.09.2024 passed in Criminal Misc. Bail Application No. 32266 of
2024. The applicant is a lady and has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 5. Learned brief holder for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report, the victim
in her statement under sections 161 and 164 Cr.P.C. has levelled allegation of sexual assault against the co-accused Saurabh, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant Neeraj Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- 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 herself available for interrogation by a police officer 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 her from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. 9. 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. 10.
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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a 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.
12. The application stands disposed of.
Order Date :- 22.1.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad