Vimla Devi And Ors vs State, Through P.p.

This application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with F.I.R. No.384/2019, Police Station Sadar Sriganganagar, District Sriganganagar for the offences under Sections 452, 323, 342, 365 IPC.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submits that the petitioner Vimla Devi and Smt. Kanchana are ladies being 56 and 28 years of age. There is no specific allegation against them.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner Nos.1 and 2 under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners (1) Vimla Devi W/o Satyanarayan (2) Smt. Kanchna W/o Prabhudayal, in connection with F.I.R. No.384/2019, Police Station Sadar Sriganganagar, District Sriganganagar, the petitioners shall be released on bail; provided they furnish a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) each along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(I) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners 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 from disclosing such facts to the court or any police officer; and

(iii) that the petitioners shall not leave India without previous permission of the court.

Learned counsel for the petitioners submits that he does not want to perss the present bail application qua petitioner Vijay Kumar and Srikrishan. However, he submits that petitioners are ready to surrender before the concerned court, which may consider their bail application on the same day.

Accordingly, the bail application qua petitioner No.3 Vijay Kumar and petitioner No.4 Srikrishan is dismissed as not pressed. However, taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioners (1) Vijay Kumar S/o Satyanarayan (2) Srikrishan S/o Chaju Ram surrender before the trial Court on or before 31.01.2020 and file a bail application, the concerned trial Court shall consider their bail application preferably on the same day in accordance with law.