Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38257 of 2019 Applicant :- Smt. Rajani Jain Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Smt. Rajani Jain for grant of anticipatory bail during the course of investigation in Case Crime No. 709 of 2019, under Sections 498-A, 323, 504, 506, 354, 377, 307 I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali Shamli, District Shamli.
Learned counsel for applicant argued that marriage was of 10.03.2015 and this F.I.R. was got lodged in the year 2019. Prior to it, there was no report and in this very case, husband Rajat Jain has been granted interim anticipatory bail in Application No. 45 of 2019 by Court of Sessions Judge, Shamli. This is a matrimonial dispute. There is likelihood of mediation in between and by putting applicant in jail, the same may become futile. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail, but could not oppose this fact that husband has been granted interim anticipatory bail in this case. Hence, without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant is a woman and she has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Smt. Rajani Jain involved in above mentioned case, she 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 her 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 applicant shall make herself 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 she has passport the same shall be deposited by her 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 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 :- 26.9.2019 NS