Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8546 of 2021 Applicant :- Ravindra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of applicants-Ravindra, Ompal, Smt. Vimla and Deji in the event of their arrest in F.I.R. No.1663 of 2020, under Sections 498-A, 323, 504, 506, 307 I.P.C., Police Station Kavi Nagar, District-Ghaziabad.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. They have committed no offence. It is further submitted that the applicants are the in-laws of opposite party no. 2. There is general allegation against the applicants. He further submits that if the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co-operate with the investigation.
Learned AGA vehemently opposed the application and submitted that accused-applicants assaulted the victim opposite party no. 2 causing serious injuries for demand of dowry. Accused applicant Ravindra pressed the neck of victim with intention to kill at the time of incident. The main allegation has been levelled against the applicant no. 1 and 2.
Having regard to the submissions made by learned counsel for the parties, the applicant nos. 1 and 2 being husband and father-in-law of opposite party no. 2 and allegation made against the them, I do not find any good ground to release the applicant nos. 1 and 2 on anticipatory bail.
Accordingly, the anticipatory bail application is rejected.
So far as applicant nos. 3 and 4 Smt. Vimla and Deji, they are ladies. Smt. Vimla Devi is mother-in-law and Deji is sister-in-law (Nanad) of first informant. There is general allegation against them, thus they deserves anticipatory bail.
In the event of arrest applicant nos. 3 and 4 Smt. Vimla and Deji shall be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C. on their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Investigating Officer / Court 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 them 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 applicant no. 3 and 4.
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 applicant nos. 3 and 4 are directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The concerned authority shall also 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.
Order Date :- 6.4.2021 Manoj