Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13493 of 2021 Applicant :- Naseem And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Pandey 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.
This is an application of the anticipatory bail given by the applicants Naseem and Waseem, in Case Crime No. 845 of 2021, under Sections 376, 354, 506 I.P.C., P.S.- Loni, District - Ghaziabad.
Applicant no. 1 namely Naseem is elder brother-in-law and applicant no. 2 namely Waseem is the husband of the informant. Against applicant no. 1 in the first information report, allegation of rape has been made along with assault with intention to outrage the modesty of the informant, whereas, no such allegation appears to have been made against the applicant no. 2.
The submission of the learned counsel for the appellants is that the applicants have been falsely implicated in the present case. Submission is that considering the nature of relationship between both the parties, it appears to be a matrimonial dispute, hence, it is a fit case for anticipatory bail. It is further submitted that applicants has no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence, therefore, applicants are entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that in the statement of the victim recorded under Section 164 Cr.P.C., she has stated against applicant no. 1 and in respect of applicant no. 2 who is the husband of the informant, she has simply stated that she wants to get rid from him. Learned A.G.A. has further submitted that in view of the statement under Section 164 Cr.P.C. and first information report lodged by the informant, anticipatory bail cannot be granted to the accused-applicants.
Considered the submissions of both the sides, it has been submitted by learned A.G.A. that the matter is being investigated by the police and charge sheet has not been filed. Looking to the nature of accusation made against applicant no. 1 namely Naseem which is of rape, I do not find any ground for anticipatory bail for him but in respect of applicant no. 2 namely Waseem, there appears to be nothing more than husband and wife quarrel, as such, I find it to be a fit case for anticipatory bail.
In view of the allegations made and the kind of averment in the F.I.R. and the threat perception which is apparent in the F.I.R. as alleged in the bail application, I find the case of applicant no. 2 namely Waseem is to be fit for anticipatory bail. Hence, the anticipatory bail application in respect of applicant no. 2 namely Waseem is allowed till submission of charge sheet only.
In the event of arrest, the applicant no. 2 namely Waseem be released on anticipatory bail in Case Crime No. 845 of 2021, under Sections 376, 354, 506 I.P.C., P.S.- Loni, District - Ghaziabad, 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 applicant no. 2 shall make himself available for interrogation by a police officer as and when required;
2) The applicant no. 2 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;
3) The applicant no. 2 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 applicant no. 2.
5. In case of filing of charge-sheet they 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 applicant no. 2 is 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.
With the aforesaid observations, the anticipatory bail application is finally disposed of.
However, considering the aforesaid facts and circumstances, I do not find any good ground to enlarge the applicant no. 1 namely Naseem on anticipatory bail. Therefore, the anticipatory bail application in respect of applicant no. 1 namely Naseem is hereby rejected.
Order Date :- 12.8.2021 sailesh