Vakalatnama filed by Shri Karunesh Pratap Singh, learned counsel on behalf of the informant which is taken on record.
Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicants Smt. Tahira Khatoon, Zikri Ansari, Inamullah Ansari, Mohd. Asif, Abida Khatoon and Smt. Umeysanit in Case Crime No. 216 of 2021, under Sections 323, 504, 506, 498-A, 377, 354, 494 I.P.C., P.S.- Gorakhnath, District -Gorakhpur.
The submission of the learned counsel for the appellants is that on the basis of general allegation all the family members have been implicated in this case and there is judgement of the civil court in which there has been discussion and observation to the effect that the informant and her husband were living separately. Submission is that they have been falsely implicated, there is no possibility of their fleeing away from the legal process and it is a fit case for anticipatory bail. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence, therefore, applicants are entitled for grant of anticipatory bail.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer of bail and have submitted that investigation is still pending.
Considered the submission made by learned counsel of both the sides. None of the applicant is husband of informant they are all family members and it is clear from the version of the F.I.R. that the informant and her husband were living separately. The allegation against the applicants is of general in nature and hardly travels beyond the purview of sections 323, 504 I.P.C..
In view of the above, I find it to be a fit case in which anticipatory bail may be granted to the applicants. Hence the anticipatory bail application is allowed till the filing of the charge-sheet.
In the event of arrest of the applicants Smt. Tahira Khatoon, Zikri Ansari, Inamullah Ansari, Mohd. Asif, Abida Khatoon and Smt. Umeysanit involved in the aforesaid case shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1)The applicants shall make themselves available for interrogation by a police officer as and when required;
2)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 from disclosing such facts to the court or to any police officer or tamper with the evidence;
3)The applicants shall not leave India without the previous permission of the court;
4)In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
5. In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Accordingly the anticipatory bail application is finally disposed off.
Order Date :- 19.8.2021 /Bhanu