Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38354 of 2019 Applicant :- Smt. Dharmavati And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Sri Saiyad Iqbal Ahmed, learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicants argued that co-accused Yogesh Kumar against whom accusation for offence of rape punishable under Section 376 I.P.C. was there, has been granted bail in Criminal Misc. Bail Application No. 39135 of 2019, Yogesh Kumar vs. State of U.P. and another, vide order dated 24.9.2019 by coordinate Bench of this Court. Present applicants are family members and remotely related with husband of informant. Husband is not the party of this proceeding. There is matrimonial dispute between them. Accusation against this applicants are not for offence punishable under Section 376 I.P.C. Hence, Anticipatory bail has been prayed for.
Learned A.G.A. opposed the prayer for anticipatory bail but could not oppose above factual aspects.
Having heard learned counsels for both sides and gone through nature and gravity of accusation and criminal antecedents of applicants, no possibility of applicants' to flee from the course of justice, a case for bail till filing of police report under Section 173(2) is made out.
In the event of arrest of the applicants, Smt. Dharmavati, Jaypal Singh Saini, Mangal Singh Saini, Manoj Saini, Vimal Kumar, Smt Uma Devi, Smt. Anju Saini involved in Case Crime No. 27 of 2019 under Sections 498-A, 376, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Moradabad, 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 furnishing a personal bond of Rs. 25,000/- 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 themselves 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 him 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 her 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 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 certified 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 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.
Order Date :- 27.9.2019 Kamarjahan