Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40044 of 2019 Applicant :- Ram Swaroop Raghav And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A.,Sudhir Kant Dixit
Hon'ble Rajul Bhargava,J.
Supplementary affidavit annexing therewith the certified copy of the rejection order passed by the Sessions Judge, Hathras in respect of added Sections 377, 316, 317, 507 I.P.C. has been filed, which is taken on record.
Heard Sri J.K. Shishodia, learned counsel for the applicants, Sri S.K. Dixit, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been contended by learned counsel for the applicants that the applicant nos. 1 & 2 are father-in-law and mother-in-law and applicant nos. 3 & 4 are sister-in-law (Nanad) of the first informant. It is stated that the anticipatory bail application of co-accused Kapil Raghav, husband of the informant, has been allowed by this Court today in Criminal Misc. Bail Application No.37383 of 2019. The case of the applicants stands on better footing with that of co-accused Kapil Raghav. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicants have no other reported criminal antecedents, therefore, the applicants may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Ram Swaroop Raghav, Smt. Suman Devi, Smt. Dolly Alias Bhavan and Puja involved in Case Crime No. 101 of 2019, under Sections 498- A, 354, 323, 506, 377, 316, 317, 507 I.P.C. and 3/4 D.P. Act, Police Station- Chandpa, District- Hathras, 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 each of them 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 applicants shall make themselves available for interrogation by a police officer 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 officer;
(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 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 applicants.
The applicants are 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.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 30.9.2019 Vikas