Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9995 of 2021 Applicant :- Kapil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Sharma,Purnendu Bajpai,Rahul Singh Dahiya Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned A.G.A. submits that in the instant matter, investigating is still continuing.
This is an application for the anticipatory bail given by the applicants Kapil, Lekhraj and Ravi in Case Crime No. 531 of 2018, under Section 306 I.P.C., P.S.- Garhmukteshwar, District Hapur.
F.I.R. has been lodged on 23.09.2018 in respect of incident dated 17.09.2018 naming six accused persons with the allegations that the deceased-Arun was married with Rekha, who died within two years of the marriage, thereafter deceased Arun was re-married with younger sister of Rekha and there remained a family and property dispute due to that reason, the deceased was fed up with the dispute and day today quarrel and has committed suicide. The deceased has left a suicide note in which, he made responsible to the accused persons, who are family members of his wife.
Submission of the learned counsel for the applicants is that there is no concrete allegation against the applicants and that the deceased has committed suicide shifting the responsibility on the applicants and the police is inclined to make arrest of the applicants, therefore a prima facie case for anticipatory bail is made out. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of either fleeing away from the judicial process or tampering with the evidence, therefore, applicants is entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail and submitted that because of day today quarrel and threatening the deceased has committed suicide leaving behind a suicide note making the applicants responsible.
In view of the above, considering the entire facts and circumstance of the case and the statement of learned A.G.A. that investigation is still continuing. There appears to be no connection between the suicide committed by deceased and any act of the applicants which can be hardly said that applicants have abetted the deceased to commit suicide. However, prima facie case for anticipatory bail is made out, till submission of charge sheet therefore, I find it to be a fit case in which anticipatory bail may be granted to the applicants. Hence the anticipatory bail application is allowed.
In the event of arrest of the applicants Kapil, Lekhraj and Ravi involved in the aforesaid case shall be released on interim 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 them 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 the applicant 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.
Order Date :- 29.7.2021 S.Ali