Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39214 of 2019 Applicant :- Smt Pooja And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Ms. Bindu Kumari, learned counsel for the applicants, Sri Sanjay Sharma, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the applicants are Jethani and Jeth respectively of the complainant as the marriage of the brother of the applicant no.2, namely, Manish with the informant was solemnized on 29.11.2017 and they have been falsely implicated in the present case. He further submits that from perusal of the FIR itself, it appears that an attempt was made by the accused persons including the applicants to cause injury to the victim, but there appears to be no medical examination done of the victim, as has been stated in paragraph no.11 of the affidavit filed in support of the anticipatory bail application.The present FIR has been lodged against the applicants just to malign their image in the society. The applicants has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that the applicants have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants-Smt. Pooja & Arun Kumar involved in Case Crime No.105 of 2019, under Sections 498A, 323, 504, 307 I.P.C. and under Section 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar, they shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on their furnishing personal bonds 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 shall make themselves available for interrogation by a police office as and when required;
(ii) 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 him from disclosing such facts to the Court or to any police office;
(iii) 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 of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 26.9.2019 NS