Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39491 of 2019 Applicant :- Smt. Somwati And 4 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Learned counsel for the applicants has very fairly informed the Court that bail application filed on behalf of applicant nos. 4 and 5 was rejected by the Session court by means of separate order.
Learned counsel for the applicant prays that he may be permitted to delete the applicant nos. 4 and 5 from the array of the parties.
Permission granted.
Learned counsel for the applicants is permitted to delete the applicant nos. 4 and 5 from the array of the parties during the course of the day.
Office is directed to return certified of bail rejection order inasmuch as it pertains to applicant nos. 4 and 5.
This present anticipatory bail application is being pressed on behalf of applicant nos. 1, 2 and 3 only.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case. It is further contended that applicant no. 1 is the mother-in-law, applicant no. 2 is the husband and applicant no. 3 is married nanad. Further contention is that applicant no. 3 is married nanad who is living separately and has been falsely implicated As far as applicant no. 2 husband is concerned, he is working in government service and his entire career has been jeopardised. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Smt. Somvati, Brij Kishor and Smt Raj Kumari involved in Case Crime No. 319 of 2019 under Section 498A, 323, 354 Kha, 506 I.P.C. and 3/4 D.P.Act, Police Station Soron, District Kasganj, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants 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 applicants shall make themselves available for interrogation by a police officer as and when required;
iii) 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 them from disclosing such facts to the Court or to any police office;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 26.9.2019 Ujjawal