Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5121 of 2021 Applicant :- Sherkhan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Nipun Singh,Vivek Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Sri Mohd. Asif, Advocate has put in appearance on behalf of the opposite party no.3 in the Court today.
Heard learned counsel for the applicant, learned counsel for the opposite party no.3 and learned A.G.A. for the State.
The applicant has been implicated for offences arising out of matrimonial dispute.
The parties agree that it would be in the interest of the entire family that the matter is referred to Mediation Centre in an effort to sort out the differences between the parties.
Accordingly, the matter is referred to Mediation and Conciliation Centre, Allahabad.
It is directed that applicant shall deposit a sum of Rs.20,000/- within four weeks from today with the Mediation Centre of which 50% shall be paid to the informant for appearance before the Mediation Centre.
It is directed that Mediation and Conciliation Centre, Allahabad shall decide the matter as expeditiously as possible.
Till the mediation proceedings are decided, in case of his arrest, the applicant, Sherkhan, shall be enlarged on interim anticipatory bail in Case Crime No.37 of 2021 under Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Garhmukteshwar, District- Hapur, on his furnishing personal bond of Rs. 50,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(ii) 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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad before the Court/Authority/Official concerned; and
(v) The concerned Court/Authority/Official shall 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.
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order. A copy of this order downloaded from the official website of this court shall also be produced before the S.P/S.S.P concerned by the applicants, if the investigation is still in progress, who shall ensure compliance of this order after due verification from official website of this court.
Order Date :- 5.4.2021 Anil K. Sharma