Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4659 of 2021 Applicant :- Neeraj Pathak Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A.,Amit Daga
Hon'ble Siddharth,J.
Heard Sri Anil Kumar Verma, learned counsel for the applicant, Sri Amit Daga, learned counsel for the informant and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Neeraj Pathak, in Case Crime No. 563 of 2019, under Sections- 498- A, 307, 323, 504, 506 I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Sipri Bazar, District- Jhansi.
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.
The applicant has been implicated in this case on account of matrimonial dispute. He approached this Court against the F.I.R by means of Criminal Misc. Writ Petition No. 8297 of 2020 which was dismissed by this Court by order dated 09.09.2020 without prejudice to the right of the applicant to apply for bail.
Learned counsel for the applicant submits that on account of police duty during coronavirus pandemic, he could not apply for bail earlier and has now filed anticipatory bail application.
Learned counsel for the informant has vehemently opposed the prayer for grant of anticipatory bail to the applicant and has submitted that there is evidence of causing injury to the informant in the F.I.R and there are injuries of the injured which indicate that the injured was subjected to violence. He further submits that the father-in-law and brother-in-law of the informant have already been granted regular bail u/s 439 Cr.P.C. by this Court. The applicant has not surrendered and obtained bail.
Learned A.G.A. has submitted that charge-sheet has been submitted against the applicant but cognizance has not been taken as yet.
After having heard learned counsel for the parties, this Court directs that till cognizance is taken by the court on the police report, the applicant shall not be arrested.
The anticipatory bail application is allowed to the aforementioned extent.
In case cognizance has been taken on the charge-sheet, this order will have no effect and shall stand vacated.
Order Date :- 7.4.2021 KS