Smt. Sharda Devi v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11570 of 2023 Applicant :- Smt. Sharda Devi Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A.,Mahendra Pratap Singh Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.

¶2Learned counsel for the applicant has submitted that the parties have settled their dispute outside the Court and according to the settlement, an amount to the tune of Rs.21,00,000/- has to be paid by the applicant to the informant of this case. A demand draft of Rs.20,00,000/- have already been given to the informant and for the remaining amount of Rs.1,00,000/-, the demand draft has also been given to the informant today and now no money is due to be paid by the present applicant to the informant. In view of that, the request has been made to grant anticipatory bail to the present applicant till submission of police report under Section 173(2) Cr.P.C. in this matter.

¶3Learned counsel for the informant has affirmed the submission aforesaid and has consented for grant of anticipatory bail to the applicant.

¶4However, learned A.G.A. has made a submission that in keeping the gravity of the offence, the anticipatory bail should not be granted to the applicant.

¶5Earlier by order dated 09.11.2023, the accused applicant was granted interim anticipatory bail by this Court for a limited period of time. The applicant has cooperated during that period and has not misused the liberty. Till date no charge sheet has been filed and the investigation is still going on.

¶6In view of the above the interim anticipatory bail earlier granted on 09.11.2023 by this Court is extended till filing of police report under Section 173(2) Cr.P.C. before the competent Court.

¶7The application is allowed. Order Date :- 21.11.2023 Shivangi High Court of Judicature at Allahabad