Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38372 of 2019 Applicant :- Raj Narayan And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicants, learned counsel for informant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Raj Narayan, Usha Devi, Vibha, Shweta and Saurabh Singh for grant of anticipatory bail during the course of investigation in Case Crime No. 355 of 2019, under Sections 498-A, 307, 323, 504, 506, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Basti.
Learned counsel for applicants argued that applicants are relatives of husband (father-in-law, mother-in-law, Nanad, Jethani and Jeth). Husband is not applicant in this application. This occurrence is of Basti, where husband was residing along with victim. The specific accusation of assault with intention to kill the victim on 22.07.2019, for which medico legal report is of 29.07.2019, is against husband. Victim in her statement has said against her husband with specific accusation and against applicants in general allegation for demand of dowry, whereas applicants are of no concern. Therefore, the applicant may be enlarged on anticipatory bail.
Learned counsel for informant and learned A.G.A. opposed the prayer for bail with this contention that informant's daughter was married with Ankur Singh, S/o Raj Narayan Singh, wherein huge dowry was given at different stages. Her father-in-law, mother-in-law and sister-in-law were not satisfied with above dowry. A subsequent demand of Rs.10,00,000/- for running brick-kiln was being made, for which cruelty was made with victim. In between, Ankur was transferred at Basti. He was residing in a rented accommodation at Malviya Road. On 22.07.2019, he scolded informant' daughter for dowry and assaulted her with intention to kill. Then, this report was got lodged. The entire family was involved in demand of dowry and cruelty with regard to it. Hence, this anticipatory bail be rejected.
Having heard learned counsel for both side and gone through first information report, it is apparent that report was got lodged against husband and his parents, sisters and sister-in-law for above offence, but specific accusation for occurrence of 22.07.2019, regarding assault with intention to kill the victim, is against Ankur, son of applicants no. 1 and 2. Allegation of demand of dowry against family members is there, but prior to this report, no report or medico legal report of any previous instance of assault is there.
In the event of arrest of the applicants, Raj Narayan, Usha Devi, Vibha, Shweta and Saurabh Singh, involved in above mentioned case, 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 a personal bond of Rs. 20,000/- 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 applicants 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 :- 27.9.2019 NS