Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13057 of 2021 Applicant :- Naina Kinnar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Murari Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 0420 of 2020, under Sections - 498A, 354, 323, 506 I.P.C., Section 3/4 D.P. Act & Section - 4 Muslim Women (Protection of Right on Marriage), Act, 2012, Police Station - Amroha Nagar, District - Amroha, during the pendency of trial.
Urge made on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. Absolutely vague and baseless allegations have been levelled against him. The applicant never raised any demand for dowry. In case, the applicant is granted anticipatory bail, there is no possibility of absconding or misusing the liberty of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicant - Naina Kinnar involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(ii) The applicant 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.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) 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 applicant.
Order Date :- 29.7.2021 S Rawat