Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2370 of 2021 Applicant :- Pankaj @ Arun Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Jamal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit has been filed by learned A.G.A., which is taken on record. Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Pankaj @ Arun Kumar, Smt. Raj Kumari, Deepak Tiwari, Neeraj @ Sandip Tiwari and Smt. Vandana @ Nimmi, with a prayer to release them on bail in Case Crime No.43 of 2020, under Sections- 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Auraiya, during pendency of trial.
As per office report dated 3.4.2021, compliance report has been received from the court below regarding service of notice on opposite party no.2.
Despite service of notice on opposite party no.2, no one has appeared on her behalf.
Learned A.G.A. has submitted that charge-sheet has been submitted in this case, but cognizance does not appears to have taken by the court.
The applicants have been implicated in this case on account of matrimonial dispute.
The applicants have already been enlarged on interim anticipatory bail by this Court by order dated 5.2.2021.
The order is confirmed.
Applicants will remain on anticipatory bail till cognizance is taken by the court on the police report u/s 173 (2) Cr.P.C. on same terms and conditions as mentioned in the order dated 5.2.2021.
The anticipatory bail application is allowed to the aforementioned extent.
Order Date :- 5.4.2021/Anil K. Sharma