Pappy @ Israt Bano vs State Of U.P.

Vivek Kumar Singh, J

Heard learned counsel for the parties and perused the material brought on record.

It is submitted on behalf of the applicant that applicant is an innocent Lady and the present F.I.R. has been lodged on false and frivolous facts with malicious intention. The First Information Report in the present case has been lodged on non-existent grounds. The applicant is paternal mother-in-law of the deceased and has no concern with the demand of dowry. The applicant lives separately with the deceased and her family. There is no independent, impartial reliable witness of the alleged incident. It is next contended that entire allegations levelled against the applicant in the First Information Report is false preposterous and holds no iota of truth in them. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further contended that no specific role has been assigned to the applicant. The applicant has not committed any offence as alleged. The police has not submitted charge sheet in the present case and applicant has definite apprehension of his arrest by the police. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no previous criminal antecedent to his credit.

Learned A.G.A. opposed the prayer for anticipatory bail.

Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicant- Smt. Pappy @ Israt Bano, who is involved in Case Crime No. 96 of 2022, under Sections- 498A, 304B IPC and 3/4 of D.P.Act, Police Station- Chirgaown, District- Jhansi, shall be released on anticipatory bail till the submission of police report, under section 173 (2) Cr.P.C.,before the competent court, on his furnishing a personal bond of Rs.25,000/- 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 himself available for interrogation by a police office 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 him/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 he has passport the same shall be deposited by him/her before the S.S.P./S.P. Concerned.

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.

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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a certified 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.