Smt. Rachana and 6 Others v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12246 of 2023 Applicant :- Smt. Rachana And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava,Yogesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2This application has been moved on behalf of the applicants-1. Smt. Rachana, 2. Padam Singh, 3. Ved Prakash, 4. Smt. Shashibala, 5. Bishan Singh, 6. Sandeep 7. Ganga Singh seeking anticipatory bail in Complaint Case No. 2617 of 2023, under Sections 452, 323, 504, 506, 384 IPC, Police Station-Modingar, District-Ghaziabad.

¶3Process under Section 82 Cr.P.C. was issued against the present applicants by the Court concerned vide order dated 24.8.2023, however, a transfer petition no. 797 of 2023 was moved by the applicants before the Hon'ble Apex Court for transfer of this case to any other state and Hon'ble Apex Court vide order dated

30.10.2023 directed that further proceedings of complaint case no. 2617 of 2023 titled as Joginder Vs. Rachna & Ors pending before the Court of Aditional Chief Judicial Magistrate, Court No. 5, Ghaziabad remain stayed in the meantime.

¶4Now the proceedings of this case wherein punitive process has been issued by the applicants are already stayed under the orders of Hon'ble Apex Court. The applicants have no apprehension of arrest as of now, hence, no need to proceed further in the present anticipatory bail.

¶5The application is disposed of accordingly.

¶6However, a liberty is granted to the applicants that in the change of circumstances, they shall be liberty to move fresh anticipatory bail application as per law. Order Date :- 1.12.2023//Fhd High Court of Judicature at Allahabad