Heard learned counsel for applicants and learned A.G.A. for the State.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicants are apprehending their arrest in connection with F.I.R./Case Crime No. 489 of 2020, under Sections 498-A, 323, 504 and 313 I.P.C. and Section 3/4 D.P. Act, Police Station-Aashiyana, District-Lucknow.
Learned counsel for accused-applicants submits that the accused-applicants are respected people of the society. Applicant no.2 is 70 years old and retired wing commander and his son applicant no.1 is a chartered accountant and they both have been falsely implicated in the present case. The marriage of applicant no.1 with the complainant took place on 27.06.2017 and there is no child out of the said wedlock. The F.I.R. registered on 20.09.2020 only refers to old disputes of the year 2017, 2018 and 2019 which are all vague in nature. There is inordinate delay in filing of the F.I.R. Most of the allegations do not even constitute cruelty or relate to demand of dowry but are in the nature of household chores. There are false allegations of hitting the complainant. No complaint was made by the complainant ever since the marriage, before filing of the present F.I.R. Learned counsel for applicant further states that this is a case in which custodial investigation would not be required. This Court granted interim anticipatory bail to the accused-applicants on 11.11.2020 and the said interim order is continuing till date. It is lastly contended that there is no possibility of the accused-applicants of fleeing away from the judicial process or tampering with the witnesses. He further states that applicants have been and shall fully cooperate with the investigation and shall not either temper with evidence or interfere with the investigation in any manner whatsoever. In case the anticipatory bail of accused-applicants is allowed, the accused-applicants shall not misuse the liberty of bail.
Learned A.G.A., strongly opposes the anticipatory bail application and submits that the allegations in the F.I.R. are serious in nature, however, he could not show from the counter affidavit that any credible evidence is collected by the police against the accused-applicants till date with regard to the offence. In fact, except for the copy of the F.I.R. no other document is filed along with the counter affidavit and counter affidavit only reiterates the allegations made in the F.I.R.
Considering the arguments advanced by the learned counsels for parties and perusing the material available on record, I find it a fit case to allow the present anticipatory bail application.
The anticipatory bail application is allowed.
Accused-applicants, namely Pranav Tyagi and Rajinder Tyagi in the event of their arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicants shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation;
(iii). That the accused-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 officer; and
(iv). That the accused-applicant shall not leave India without the previous permission of the Court. The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
The papers regarding bail submitted to the police officer on behalf of the accused/applicants shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
Order Date :- 8.1.2021 Arti/-
(Vivek Chaudhary,J.)