Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40414 of 2019 Applicant :- Guddu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and Sri Bare Lal Bind, learned A. G. A. for the State Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 0066 of 2019 u/s 498A, 323, 354, 376D IPC and 3/4 DP Act PS Mahila Thana District Gautam Budh Nagar.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicants is that the applicants have been falsely implicated in the present case; there is matrimonial dispute between husband and wife in which applicant no.1 who is Nandoi and applicant no.2 who is Nanad, have been falsely implicated on the basis of general allegations; applicants are living separately in Hathras; the applicants are not going to abscond and they are willing to participate and cooperate with the investigation; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Guddu and Farida involved in the aforesaid case, they shall be released on anticipatory bail 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) 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 them from disclosing such facts to the Court or to any police office;
(iv) 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.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 27.9.2019 SP