Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8364 of 2021 Applicant :- Narendra Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Narendra Kumar Yadav, in Case Crime No. 176 of 2020, under Sections- 498-A, 323, 504, 506 IPC, Police Station- Badlapur, District- Jaunpur.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation in the FIR that the informant was earlier married to Sandeep Yadav and one child, Shivam Yadav, was born to her. Thereafter, Sandeep Yadav, and the informant took divorce. Thereafter the marriage of the informant took place with the informant on 01.05.2019. The applicant is a widower and he entered into marriage with the informant. Subsequently, it is alleged that the applicant's son, Shivam Yadav, was turned out of the house and that the applicant threatened to kill the informant if she returns home. Learned counsel for the applicant has submitted that no marriage of the applicant took place with the informant. The informant is forcibly trying to enter the house of the applicant to garb his property. It is a case of absolute false implication. There is no question of any demand of dowry or any threat of life to be given.
Learned A.G.A has pointed out that charge sheet has been submitted against the applicant on 18.09.2020. Without disclosing the full facts about the proceedings conducted after filing of charge sheet by the Investigating Officer in Court and what is the stage of proceedings before the Court below, this anticipatory bail application has been filed.
Counsel for the applicant submit that there is grave apprehension to the life of the applicant, in case he is directed to surrender before Court below for the purpose of grant of regular bail, on account of the threat to their life posed by second wave of Novel Corona Virus. Applicant may be protected till the wave subsides and the normalcy returns in society and Courts both. The applicant cannot get any document from the Court below at present on account of closure and irregular functioning of court below and the applicant would get arrested if the matter is postponed to future date.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court/ Investigating Officer concerned with the following conditions:-
1. The applicant shall, at the time of execution of the bond, furnish their address and mobile number and shall not change the residence till the conclusion of investigation/ trial without informing the Investigating Officer of the police/ the Court concerned of change of address and the reasons for the same before changing the same.
2. The applicant shall not leave the country during the pendency of trial/ investigation by police without prior permission from the concerned trial Court.
3. The applicant shall not obstruct or hamper the police investigation and not play mischeif with the evidence collected or yet to be collected by the Investigating Officer of the police;
4. The applicant shall surrender his passport, if any, to the concerned Court/ Investigating Officer forthwith. His passport will remain in custody of the concerned Court/ Investigating Officer till the investigation is completed. In case he has no passport, he will file his affidavit before the Court/ Investigating Officer concerned in this regard.
5. That 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 their from disclosing such facts to the Court or to any police officer;
6. The applicant shall maintain law and order.
7. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
8. In case, the applicant misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and the Government Advocate/informant/complainant can file bail cancellation application.
9. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against him in accordance with law.
10. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
11. 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.
Order Date :- 26.5.2021 Rohit