Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5028 of 2021 Applicant :- Suleman And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A., Utkarsh Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No.116 of 2020, under Sections - 498A, 323, 376D, 307, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station - Saroorpur, District - Meerut, during the pendency of trial.
Urge made on behalf of the applicants is confined to the ambit that two real brothers are alleged to have committed rape on the victim. How can it be possible in the Indian society that two real brothers will commit rape on the victim one by one. The husband of the victim has been granted interim protection by the court below. Crux of the case is that the victim does not want to reside with her in- laws, therefore, she has tried to create some grounds in the shape of lodging first information report against the applicants to fulfil her wishes. In case the applicants are granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
The submission made by learned counsel for the applicants prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned A.G.A. has accepted notice on behalf of opposite party no.1. He prays for and is granted two weeks' time to file counter affidavit.
Issue notice to opposite party no.2 who may also file objection/ counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Put up this case on 3rd September 2021 as fresh.
In the event the applicants- Suleman and Islam are arrested they shall be released on anticipatory bail till the next date of listing 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 police station/ concerned Court with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the 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 from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(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/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a copy of this order after downloading from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 29.7.2021 rkg