Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10363 of 2021 Applicant :- Islam Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicants Islam Khan, Zuber Khan, Smt. Sajda Begam, Humaira Khan, Neha Khan @ Sakia and Nisha Khan in Case Crime No. 81 of 2021, under sections 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S.- Sadar Bazar, District - Shahjahanpur.
The F.I.R. version is that in respect of the incident dated 06.02.2021, F.I.R. has been lodged on 07.02.2021 by the informant with the allegation against the applicants that the informant was married with Islam Khan and according to the status dowry was given. Subsequently the accused applicants started demanding Rs. 3 lakhs for purchasing a taxi and on denial they committed marpeet with the informant and she was forced to leave matrimonial house. Thereafter the applicants stated that no such further demand will be raised, took her back, but again they started making the same demand and physically and mentally harassed her and they also committed marpeet with her and she sustained injury. When her father went to complaint her husband, a blow by danda was given and threatened that if the additional dowry will not be given they will kill the informant, therefore, the F.I.R. was lodged.
Submission of the learned counsel for the applicant is that accused applicant Islam Khan is the husband of the informant and the main allegation is against him and other applicants are simply relatives and out of them four are women and they have been falsely implicated in this case, therefore, they are entitled for anticipatory bail. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayed of bail.
Considering the submissions of both the sides. Considering the fact that applicant no. 1 Islam Khan is husband of the informant and the allegation in the F.I.R. is directed against him, therefore, I do not find any reason for anticipatory bail of Islam Khan, therefore, anticipatory bail application in respect of applicant no. 1 is rejected.
In respect of other accused-applicant nos. 2 to 6 namely Zuber Khan, Smt. Sajda Begam, Humaira Khan, Neha Khan @ Sakia and Nisha Khan are all relatives, therefore, a prima facie case for anticipatory bail in favour of applicant nos. 2 to 6 is made out, accordingly, anticipatory bail application of applicant nos. 2 to 6 is allowed till the filing of the charge-sheet.
In the event of arrest of the applicant nos. 2 to 6 namely Zuber Khan, Smt. Sajda Begam, Humaira Khan, Neha Khan @ Sakia and Nisha Khan involved in the aforesaid case shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicants shall make themselves available for interrogation by a police officer as and when required;
2) 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 officer or tamper with the evidence;
3) The applicants shall not leave India without the previous permission of the court;
4) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
5. In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
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.
A direction is however given to the court below that in case applicant no.1 Islam Khan surrender and give bail application, the same shall be disposed of expeditiously and preferably on the same day in accordance with law.
Accordingly, the anticipatory bail application is finally disposed off.
Order Date :- 16.8.2021 Bhanu