Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18248 of 2021 Applicant :- Azhar Ahmad Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ravindra Pal Singh Kashyap,Akshay Kumar Shukla Counsel for Opposite Party :- G.A.,Chandra Bhushan Prasad
Hon'ble Samit Gopal,J.
Heard Sri Akshay Kumar Shukla, learned counsel for the applicant, Sri Chandra Bhushan Prasad, learned counsel for the first informant and Sri Raj Kumar Gupta, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Azhar Ahmad, seeking anticipatory bail, in the event of arrest in Case Crime No. 33 of 2021, under Sections 498-A, 354-K, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Shamli.
Learned counsel for the applicant argued that the applicant is the nandoi of the first informant. It is argued that there are general and omnibus allegations levelled against the applicant. The applicant resides at a different place from the first informant and her husband. Co-accused Danish who is the husband of the first informant/victim has been granted anticipatory bail vide order dated 1.12.2021 passed in Crl. Misc. Anticipatory Bail Application No. 17517 of 2021 (Danish Ahmad Vs. State of U.P. and 2 others), copy of the order has been produced before the Court which is taken on record. The applicant has no criminal history as stated in para 35 of the affidavit in support of anticipatory bail application.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail but could not dispute the arguments as raised.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the nandoi of the first informant/victim. Co-accused Danish Ahmad has been granted anticipatory bail by a co-ordinate Bench of this Court.
Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Azhar Ahmad involved in Case Crime No. 33 of 2021, under Sections 498-A, 354-K, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Shamli, he 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 his furnishing a personal bond of Rs. 50,000/- with two sureties (one of the sureties of the applicant will be his family member and the other to be a local person) each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant 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.
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 preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a 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.
The anticipatory bail application stands disposed of.
Order Date :- 16.12.2021 M. ARIF (Samit Gopal, J.)