Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1014 of 2021 Applicant :- Suraj Opposite Party :- State of U.P.
Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Suraj, in Case Crime No.1115 of 2020, under Section- 366 I.P.C., Police Station- Kwarsi, District- Aligarh.
The applicant was enlarged on interim anticipatory bail by the order dated 1.2.2021 and in pursuance of aforesaid order, counter affidavit has been filed, wherein it has been mentioned that police has submitted final report in favour of the applicant on the basis of the statement of the victim that she on her own will eloped with the applicant and married him. She claimed herself to be major and wants to live with the applicant.
It appears that no order has been passed by the court on the final report submitted by the police on 29.11.2020.
In view of above, till the orders passed on the final report or in case further investigation is directed by the court, in the event of arrest, the applicant shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court 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 applicant shall make himself available for interrogation by the police officer as and when required;
(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 from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has 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 applicant.
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 applicant.
The applicant is 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, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 5.4.2021 Anil K. Sharma