Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4686 of 2021 Applicant :- Arpit Awasthi @ Chhotu And 5 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Pawan Kumar Rao Counsel for Opposite Party :- G.A.,Manoj Kumar Singh,P.K. Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicants, Arpit Awasthi @ Chhotu, Anil Awasthi @ Pappu, Smt. Anita Awasthi, Aditya Awasthi, Smt. Preeti Awasthi and Anand Kumar Awasthi, in Case Crime No. 492 of 2020, under Sections- 498-A, 323, 504, 506, 313, 377, 120-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Kidwai Nagar, District- Kanpur Nagar.
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.
The implication of the applicants are on account of matrimonial dispute.
Large number of anticipatory bail applications are being filed before this Court wherein there are commonality in respect of allegations.
This Court is taking judicial notice of the fact that every 3rdcase arising out of matrimonial dispute involves implication of the husband's side under the following sections :-
1) Section 498-A, 323, 504, 506 I.P.C. --- general allegations against the entire members of the matrimonial home including the husband.
2) Section 354/354-A/354-B/376/376-D I.P.C. --- brother-in- law (devar, jeth and nandoi), father-in-law and other close male relatives of matrimonial home of the victim.
3) Section 377 I.P.C. --- husband of the victim/ his wife.
4) Section 313 I.P.C. --- in some cases, implication of the members of the matrimonial home of the victim is also made under this section without giving any detail of medical treatment and the manner in which the incident took place.
This Court has found that by mere reading of sections, the nature of allegations and the accused against whom such an allegation has been made becomes clear without going through the F.I.R. The lodging of F.I.Rs/complaints under the aforesaid sections has increased manifold in last few years in matrimonial disputes. The offences u/s 354, 354-A, 354-B, 376, 376-D and 377 I.P.C. are serious in nature and the implication is being deliberately made to prevent the accused persons from getting bail/anticipatory bail from the courts and their incarceration in jail for few months appears to be serving the interest of prosecution irrespective of final result of trial. Therefore, denial of anticipatory bail to the applicants at least during police investigation may not be against the interest of justice and would also not be in consonance with the right to life and liberty guaranteed to every citizen under Article 21 of the Constitution of India and against Article 14 of the Constitution of India which provides equal protection of law to all, even an accused at pre-cognizance stage.
In view of the above, in the event of arrest, keeping in view the second surge in the spread of novel coronavirus and its further surge apprehended, the applicants shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent 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/ concerned Court with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer 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 from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them 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/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation, if pending, 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 applicants.
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, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 7.4.2021 Rohit