Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6425 of 2021 Applicant :- Abdul Bari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Fakhruzzaman
Hon'ble Anil Kumar-IX,J.
List is revised.
On virtual hearing of the case only counsel for the applicants and learned A.G.A. are present. Learned counsel for the opposite party No.2 is not present.
Learned counsel for the applicants submitted that applicants are father-in-law and mother-in-law of the victim and they have been falsely implicated in this case on account of matrimonial dispute. There is apprehension of arrest of the applicants at any time by the police. There is no criminal history of the applicants. In case, the applicants are released on anticipatory bail they will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicants.
Considering the submission made by learned counsel for the applicants, present situation due to Covid pandemic, nature and gravity of the accusation and the fact that there is no criminal history of the applicants, without expressing any opinion on merit of this case the Court is of the opinion that it is a fit case for interim anticipatory bail.
Put up this case on 26.05.2021. In the mean time, counter affidavit may be filed by opposite party.
In the event of arrest, the applicants Abdul Bari and Smt. Kulsum Bari shall be released on interim anticipatory bail in Case Crime No. 445/2018, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Nawabad, District-Jhansi on their furnishing a personal bond of Rs. 50,000/- with two sureties each of like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned with following conditions:-
(1) The applicants will 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 office.
(2) The applicants will not leave India with the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 4.5.2021 Sachin