Renu Chaudhary v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2575 of 2023 Applicant :- Renu Chaudhary Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Subhash Chandra Yadav, the learned counsel for the applicant as well as Sri Arpit Kumar, 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.469 of 2022, under Sections 366, 368, 354, 506 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.07.2022 agianst one Abhilash Chaudhary @ Rahul, and Deepak Kumar stating that named accused Abhilash had developed relationship with the informant and he deceitfully taken her to his home at Ghaziabad where his mother (the applicant) was also present. FIR states that when the informant raised hue and cry, the applicant asked the accused-Abhilash to drop her back to Lucknow.

¶4In the statement of the victim recorded under Section 164 Cr.P.C. she merely stated that the applicant had asked her to marry Abhilash but when she declined, the applicant stated that she would be dropped at Lucknow.

¶5In 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. Another co-accused-Madhvi Mishra, who is said to be Mami of the accused-Abhilash has been granted bail vide order dated

16.10.2023 by learned Special Judge, CBI-4, Lucknow.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Renu Chaudhary before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 8.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench