Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38234 of 2019 Applicant :- Aashmit Baweja And 4 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Aashmit Baweja, Indrapal Chopra, Smt. Rachana Chopra, Smt. Gurucharan Kaur and Gurumeet Saluja for grant of anticipatory bail during the course of investigation in Case Crime No. 173 of 2019, under Sections 498A, 323, 504, 506, 307 I.P.C. and 3/4 D. P. Act, Police Station Navabad, District Jhansi.
Learned counsel for applicants argued that it was false implication owing to matrimonial dispute. In this very case crime number co-accused Amrit Pal Singh and Smt. Harjeet Kaur have been granted anticipatory bail by this court in Criminal Misc. Bail Application No. 39052 of 2019. The alleged occurrence is of 26.3.2015. The marriage was solemnized on 12.1.2015. They are of no concern with above occurrence. Anticipatory bail has been prayed for Learned private counsel for informant as well as learned A.G.A. vehemently opposed the prayer for bail with this contention that Aashmit Baweja is husband and Smt. Rachana Chopra is Mausiya Saas, who have specifically been assigned role for commission of cruelty with regard to demand of dowry and attempt to murder the informant, for which above case crime number was lodged. For rest of them there is no assertion.
Having heard learned counsel for both sides and gone through the rival contentions made by them, as well as the impugned rejection order and the F.I.R. there seems to be ground for grant of anticipatory bail till filling of police report u/s 173(2) Cr.P.C.
In the event of arrest of the applicants, Indrapal Chopra, Smt. Rachana Chopra, Smt. Gurucharan Kaur and Gurumeet Saluja, involved in above mentioned case crime, they shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on their each furnishing a personal bond of Rs. 20,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants shall make himself available for interrogation by a police office as and when required;
(ii) the applicants 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 them from disclosing such facts to the Court or to any police office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed partly.
Regarding applicant no. 1, Aashmit Baweja, the application is rejected.
Order Date :- 27.9.2019 Pcl