Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40606 of 2019 Applicant :- Nisar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jahangir Haider Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Sri D.K. Yadav, Advocate has filed his appearance on behalf of the complainant. The same is taken on record.
Heard learned counsel for the applicants, Sri Mithlesh Kumar learned A.
G. A. for the State and Sri D.K. Yadav, learned counsel for the complainant.
Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 0398 of 2019 u/s 498A, 120B IPC and Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019 PS Jahangirabad District Bulandshahr.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicants is that the applicants have been falsely implicated in the present case; even if the entire prosecution story is believed to be true even though it has been denied by the applicant, the only role assigned to the applicants is that they had signed the Talaqnama given by the husband; as far as husband is concerned, he has already been granted bail by the Sessions Court; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Nisar and Nooruddin involved in the aforesaid case, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) the applicants 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 them from disclosing such facts to the Court or to any police office;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 30.9.2019 SP