Heard learned counsel for the applicants and learned AGA for the State.
Implication of the applicants under the alleged offences appear to be on account of matrimonial dispute.
Learned counsel for the applicants has submitted that the allegations made are absolutely false. They have been made for ulterior motives and to pressurize the applicants.
In view of the observations of the Apex Court in the case of Arnesh Kumar Vs. State of Bihar and Anr., (2014) 8 SCC 273, before passing final order, the Court considers it appropriate to hear the opposite party No.2.
Issue notice to opposite party no. 2 returnable within four weeks.
List this case on 04.5.2021.
In the meantime, learned AGA may also file counter affidavit.
In the event of arrest, the applicants, Uday Raj Vishwakarma, Durga Prasad, Ram Sawari, shall be released on interim anticipatory bail Case Crime No. 536 of 2019, under Sections- 498-A, 323, 504 IPC, Police Station- Phoolpur, District- Allahabad/Prayagraj, on his 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/ court concerned 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 them 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 will continue with the investigation and will not be affected by this order.
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, if investigation is in progress who shall ensure the compliance of present order.
Order Date :- 23.2.2021 Ruchi Agrahari