Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52379 of 2019 Applicant :- Jeetu Chawlani And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Nihar Ranjan Singh, Advocate has filed vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard Sri Arun Kumar Singh, learned counsel for the applicants, Sri Nihar Ranjan Singh, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been contended by learned counsel for the applicants that the applicants are maternal uncle of wife of the deceased. It is stated that they have been falsely roped in the present case, though prima facie no offence of any abetment to the deceased to commit suicide is made out against them, even if the suicide note allegedly written by the deceased is taken to be true on its face value. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicants have no other reported criminal antecedents, therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the facts and circumstances of the case, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Jeetu Chawlani and Rajju Chawlani @ Ashok chawlani involved in Case Crime No. 634 of 2019, under Section 306 I.P.C., Police Station- Kotwali, District- Jhansi, 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 each of them 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 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 him 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.
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 applicants.
The applicants are 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.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 27.11.2019 Vikas