Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32787 of 2019 Applicant :- Prashant Kumar Awasthi Opposite Party :- State Of U.P. Counsel for Applicant :- K.K. Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri K.K. Tripathi, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that prima facie no offence under Section 420 I.P.C. is made out against the applicant. The allegation that the applicant had instituted a suit under Section 9 of Hindu Marriage Act for restitution of conjugal rights against opposite party no.2 whereas she has never solemnized marriage with him. It is stated that if it is so, the informant can always move an application before the court concerned for filing complaint against the applicant under Section 340 Cr.P.C.. The applicant has no criminal antecedent to his credit. Therefore, the applicant may be enlarged on anticipatory bail.
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 he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Prashant Kumar Awasthi involved in Case Crime No. 262 of 2019 under Sections 420 and 501 I.P.C., Police Station Akbarpur, District Kanpur Dehat, he 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 his 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 applicant shall make himself available for interrogation by a police office as and when required;
(ii) the applicant 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 applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him 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 applicant.
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 applicant.
The applicant is 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 22.8.2019 MN/-