Rachna Mishra v. State of U.P Thru. Addi. Chief Secy. Home

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 203 of 2022 Applicant :- Rachna Mishra Opposite Party :- State Of U.P Thru. Addi. Chief Secy. Home Counsel for Applicant :- Permeshwar Dutt Tewari,Manoj Kumar Gupta,Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.,Kirti Veer Singh,Ravi Shanker Singh Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Parmeshwar Dutt Tewari, the learned counsel for the applicant as well as Smt. Parul Kant, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0217 of 2021, under Section 306 I.P.C., registered at Police Station Gudamba, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.05.2021 alleging that the informant's cousin committed suicide on 24.05.2021 because of ill treatment meted out by his wife-the applicant.

¶4In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, she has no criminal history and she has falsely been implicated in the present case. A compact disc has been annexed with the containing a videograph recorded by the deceased wherein before committing suicide he stated that he was in love with some other person and he committed suicide because of breaking his trust by that person.

¶5The applicant was granted interim anticipatory bail by this court by means of an order dated 14.02.2022 and a notice was issued to the opposite party no.2. The opposite party no.2 has put in appearance but has not filed any counter affidavit.

¶6The State has filed a counter affidavit, stating that the compact disc has been sent to forensic sciences laboratory but the report of the laboratory is still awaited. There is no allegation of any violation of any conditions of the interim anticipatory bail by the applicant.

¶7The learned counsel for the applicant has submitted that the applicant has already submitted bail bonds in compliance of interim order.

¶8Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

¶9In view of above, the interim order dated 14.02.2023 is made absolute and the anticipatory bail application is allowed. . (Subhash Vidyarthi, J.) Order Date :- 7.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench