Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18016 of 2021 Applicant :- Rishi Pal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Surat Saroj,R.S. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No.205 of 2021, under Sections 498-A, 323, 324, 504 I.P.C., Police Station Daurala, District Meerut with the prayer that in the event of arrest, applicants may be released on bail.
It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has been stated that applicant no.1 is father-in-law, applicant no.2 is mother-in-law, applicant no.3 is sister-in-law, applicant no.4 is Jeth, applicant no.5 is Jethani and applicant no.6 is maternal uncle of first informant and that only general allegations of harassment of first informant have been levelled against them. It has also been pointed out that the first informant has also filed a complaint case against the accused persons, wherein, she has admitted that she was residing at her parental home and that in that complaint case, accused persons were summoned by the court below vide order dated 21.01.2021 and after six months of the same, the FIR of instant case was lodged and that only vague allegations have been levelled against all the accused persons. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against the applicants so far. It was also submitted that applicants undertake to co- operate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
The anticipatory bail application is allowed.
In the event of arrest of the applicants- Rishi Pal, Smt. Ishwar Kaur @ Ishwari, Priyanka, Sonu @ Anil, Pinki @ Babita and Smt. Arti in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/court below 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 17.12.2021 Neeraj