Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11407 of 2021 Applicant :- Sharvara Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 18 of 2021, under Sections 323, 504, 506, 427, 452, 147, 342, 120B/34 IPC, Police Station Tiwaripur, District Gorakhpur.
Leave to implead informant as opposite party is granted. Let appropriate step be taken forthwith.
All the noticed respondents shall file a reply on this application within a period of six weeks. Notice shall issue to the newly impleaded opposite party No.2 returnable within the same period. Post this matter on the expiry of the aforesaid period before the appropriate Court.
For the purposes of considering the prayer for interim anticipatory bail, the Court takes note of the submission that general allegations have been made against various members of the family including the lady applicant here. Learned A.G.A. in the absence of instructions is unable to apprise the Court of any serious injuries having been inflicted by the present applicant on the informant.Under the similar circumstances co- accused Jarina and Ayasul Nisha have already been admitted to anticipatory bail by coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.11668 of 2021, copy whereof has been produced by the applicant, the same is taken on record.
Accordingly let the applicant- Sharvara involved in the aforesaid case crime number be released on interim anticipatory bail on 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 concerned police station subject to the following conditions:-
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
(iii) 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;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited before the S.S.P./S.P. concerned.
(v) It shall be open to the State to move this Court for cancellation of the interim protection accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.
In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted.
Order Date :- 30.7.2021 Raj