Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8572 of 2021 Applicant :- Raghuraj Singh Bhadauriya And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Sri Anil Kumar Srivastava, learned counsel has appeared and filed 'vakalatnama', which is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been given by the applicants - Raghuraj Singh Bhadauriya, Vibha Bhadauriya, Abhishek Pratap Singh, Sweeti "Dibya" and Jauli Utkarsh Bhadauriya in Case Crime No. 56 of 2021, under Sections 498A, 452, 406, 323, 504, 506, 427 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S.- Govind Nagar, District - Kanpur Nagar.
At the outset, learned counsel for the applicant has submitted that he is not pressing the anticipatory bail application of applicant no. 3 - Abhishek Pratap Singh in respect of whom he will be filing regular bail application before the appropriate forum.
On this submission, anticipatory bail application of applicant no. 3 - Abhishek Pratap Singh is rejected with liberty to him to file regular bail application before the appropriate forum.
In respect of the remaining applicants, it has been submitted that they are father-in-law, mother-in-law and two sister-in-laws and they are living separately and the sister-in-laws are living in Delhi and all have been made accused by way of false allegation. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer of bail but they have not disputed the aforesaid fact.
From a perusal of the FIR, it appears that above four applicants are father-in-law, mother-in-law and sister-in-laws of the informant and they have been implicated in the case only by way of general allegation and there is no overact on their part. Moreover, it appears to be a family dispute and matrimonial dispute. Therefore, a prima-facie case for anticipatory bail is made out in their favour. In view of the allegations made and the kind of averment in the F.I.R. and the threat perception which is apparent in the F.I.R. as alleged in the bail application, prima-facie a case for anticipatory bail is made out in favour of applicant nos. 1, 2, 4 & 5. Their anticipatory bail application is allowed.
In the event of arrest of the applicants - Raghuraj Singh Bhadauriya, Vibha Bhadauriya, Sweeti "Dibya" and Jauli Utkarsh Bhadauriya, involved in the aforesaid case shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicants shall make themselves available for interrogation by a police officer as and when required;
2) 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 officer or tamper with the evidence;
3) The applicants shall not leave India without the previous permission of the court;
4) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
5. In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Order Date :- 28.7.2021 /nd