Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39959 of 2019 Applicant :- Mamta Prajapati And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Anil Kumar Tiwari, Advocate has filed vakalatnama on behalf of the informant, which is taken on record.
Heard Sri Syed Imran Ibrahim, learned counsel for the applicant, Sri Anil Kumar Tiwari, 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 real married sisters of the deceased. The F.I.R. has been lodged by the wife of the deceased stating that in fact the applicants and other family members were ill- treating the first informant for additional demand of dowry and were pressurizing her to bring more dowry. The deceased was opposing the acts of his family members and ultimately feeling frustrated he committed suicide. Learned counsel has argued that the allegations are absolutely false and the applicants have been made an accused on the basis of a suicide note allegedly written by the deceased. In the suicide note, the deceased has made the applicants and other family members responsible for his death. It is argued that the genuineness and correctness of the suicide note is yet to be established and the same has also been handed over to the police by the wife of the deceased. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicants have no other reported antecedents, therefore, the applicant may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have strongly opposed the prayer for bail and submitted that it is an exceptional case in which on account of pressure being exerted by the applicants and other family members, brother of the applicants committed suicide.
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- Mamta Prajapati and Sarla Prajapati involved in Case Crime No. 299 of 2019, under Sections 323, 504, 506, 306, 498-A I.P.C. and 3/4 D.P. Act, Police Station- Shahganj, District- Jaunpur, 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 :- 26.9.2019 Vikas