Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8837 of 2021 Applicant :- Sandeep @ Monu And 8 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Sandeep @ Monu, Smt. Omwati, Rajendra, Smt. Renu, Manoj, Vimla, Baby, Pindar and Vinod, seeking anticipatory bail in Case Crime No.0046 of 2021, under Sections - 376, 511, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station - Mahila Thana, District - Muzaffar Nagar, during pendency of trial.
3. Put up this case on 5.8.2021, in the additional cause list before the appropriate Bench. By the said date, counter affidavit be filed by learned A.G.A.
4. At present, there are no criminal antecedents of the applicants shown as also no real apprehension has been expressed by the State of the applicants fleeing from justice, if the present application is allowed.
5. While the bail application has been opposed by learned AGA, it has been submitted by learned counsel for the applicants that the FIR allegations are patently false. The marriage between the parties was solemnised under a Government Scheme. A certificate copy of the same is annexed along with present application. Thus, simple matrimonial discord is stated to have been given a colour of criminal prosecution.
6. Thus, without expressing any opinion on the merits of the case, the applicants are entitled to interim anticipatory bail in this case, at this stage.
7. In the event of arrest of the applicants - Sandeep @ Monu, Smt. Omwati, Rajendra, Smt. Renu, Manoj, Vimla, Baby, Pindar and Vinod, involved in the aforesaid case crime, they shall be released on interim anticipatory bail till the next date fixed, on their furnishing a personal bond of Rs. 50,000/- each with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on 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 from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.
Order Date :- 8.4.2021 A.Dewal