Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13613 of 2021 Applicant :- Mohammad Jubair Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Prateek Tyagi
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicant, in Case Crime No.401 of 2021, under Section 306 IPC, Police Station- Sadar Bazar, District- Shahjahanpur.
As per the fact situation from the first information report the son of the informant- Dilip Soran was wedded to one Anchal Nehra and both were Constable. The Anchal Nehra was posted as Constable at District- Shahjahanur. The wife of informant's son Anchal Nehra was resided in District- Ghaziabad and her marriage with the son of informant took place on 16th February, 2021. Prior to her posting at Shahjahanpur Anchal Nehra was posted along with the applicant- Mohammad Jubair Khan in District- Mirzapur as Constable. Now it so happened that some illicit relationship developed between Anchal Nehra and applicant- Mohammad Jubair Khan due to which discontent arose between the son of the informant who was also a Constable say- Dilip Soran and his wife Anchal Nehra and the relationship continued deteriorating and the matter was aggravated to the extent that once upon a time Anchal Nehra, wife of the deceased and the applicant -Mohammad Jubair Khan himself threatened dire consequences in case the legal action is taken. At last the deceased was fed up with the illicit relationship with his wife and the applicant- Mohammad Jubair Khan and due to which he committed suicide.
In the backdrop of the aforesaid situation, arguments are manifold that it is totally baseless case and the story of transfer and illicit relationship is not supported by any material on record. Merely on the basis of suspicion, the applicant who being the Constable has been roped in, in this case after deliberation with the police.
Also heard the learned A.G.A.
Obviously, in this case allegations are as specific as anything. Illicit relationship has been stated to be the cause behind the commission of suicide, who is none other than the husband. So far as dictum of the the F.I.R. is interpreted and perused it is as simple as anything that not only illicit relationship was existing but the involvement of the wife of the deceased Anchal Nehra and applicant- Mohammad Jubair Khan both were involved in threatening the deceased. It being so, this Criminal Miscellaneous Anticipatory Bail Application looses its efficacy and no interim relief at this stage can be granted.
Consequently, this Criminal Miscellaneous Application being devoid of merit and the same is hereby rejected.
It is made clear that observation made in this order shall have no bearing on the merits of the case.
Order Date :- 13.8.2021 Raj