Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5000 of 2021 Applicant :- Smt. Anita Halwye And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Madnesh Prasad Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicants and learned AGA.
Perused the material on record.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Smt. Anita Halwye and Sandeep Halwaee @ Sandeep Kumar Gupta, in Case Crime No. 21 of 2021, under Section 366 I.P.C. , Police Station - Jalalpur District - Ghaziabad.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation against the applicant No.2, Sandeep Halwaee @ Sandeep Kumar Gupta is that he kidnapped the applicant no.1, Smt. Anita Halwye, daughter of Sri Ram Chandar. Learned counsel for the applicants submit that both the applicants are major and both had got married in a temple on 19.10.2020 Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
In view of the facts and circumstances of the case, it is directed that applicant no.2 will produce the girl, applicant no.1, before the C.J.M., Ghaziabad, within a period of three weeks. The C.J.M. Ghaziabad will record her statement under Section 164 Cr.P.C. The applicant no. 2 shall be enlarged on anticipatory bail for the period of three weeks. In case,the applicant no2, produces the applicant no.1 within three weeks before the C.J.M. concerned, anticipatory bail granted to the applicant no.2 will continue till the submission of police report. On failure to comply this order, anticipatory bail granted to the applicant no.2 shall stand cancelled and the police shall be free to arrest the applicants.
In the event of arrest, the applicant no.2 shall be released on anticipatory bail for the period of three weeks initially and after compliance of above condition till the cognizance is taken by the court on the police report, by the court on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/court concerned on the following conditions:-
(i) The applicant No.2 shall make himself available for interrogation by a police officer as and when required;
(ii) The applicant no.2 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;
(iii) The applicant no.2 shall not leave India without 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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall 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.
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 applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 13.5.2021 Atul kr. sri.