Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8915 of 2020 Applicant :- Gucchana Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants, Gucchana Khan, Parveen Bano, Neha and Nisha in Case Crime No. 426 of 2020, under Sections- 363, 366 I.P.C., Police Station- Nigohi, District- Shahjahanpur.
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 applicant nos. 1 and 2 namely, Gucchana Khan and Parveen Bano, are the parents and applicant nos. 3 and 4, Neha and Nisha, are the sisters of the named accused, Usman. They have been implicated in this case since the named accused has eloped with the daughter of the informant and the whereabouts of the named accused, Usman, and daughter are not known.
Learned counsel for the applicants has submitted that the applicants are being harassed by the police. They do not know about the whereabouts of the named accused and the daughter of the informant.
The applicant nos. 1 and 2 namely, Gucchana Khan and Parveen Bano, are not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the F.I.R.
However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed that in case the applicant nos. 1 and 2 namely, Gucchana Khan and Parveen Bano, appear and surrender before the court below within 90 days from today and apply for bail, their prayer for bail shall be considered and decided as per the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Till then, no coercive action shall be taken against the applicant nos. 1 and 2 namely, Gucchana Khan and Parveen Bano.
However, in case, the applicant nos. 1 and 2 namely, Gucchana Khan and Parveen Bano, does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicant nos. 1 and 2 namely, Gucchana Khan and Parveen Bano, will not be granted any further time by this court for surrendering before the court below as directed above.
Regarding applicant nos. 3 and 4, Neha and Nisha, it is provided that they shall be enlarged on anticipatory bail till the submission of 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 passport, 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 applicant nos. 3 and 4, Neha and Nisha.
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 applicant nos. 3 and 4, Neha and Nisha.
The applicant nos. 3 and 4, Neha and Nisha, 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 :- 5.1.2021 KS