Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8906 of 2021 Applicant :- Vinay Kumar Vishwakarma And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicants and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicants, Vinay Kumar Vishwkarma, Om Prakash vishwkarma, Vijay Prakash Vishwkarma, Smt. Kalawati Devi, Smt. Reesha Devi, Sushant Vishwakarma and Harsh Vishwakarma with a prayer to release them on bail in Case Crime No. 148 of 2021 under Sections 498-A, 354, 354(Kha), 323, 504, 506 IPCand 3/4 D.P. Act.Police Station Shivpur, District Varanasi.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
The allegation against the applicants of demand of dowry.
The counsel for the applicants submits that on account of matrimonial dispute in the present case, the F.I.R. has been lodged by the wife of the applicant No.1. against the entire family members. The marriage between the parties took place in the year 2015 and FIR has been lodged after about six years. It is further submitted that it is a case of false implication. Applicants have no criminal history to their credit.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest of the applicants, they will be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court 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 of the police station concerned with the following conditions:-
(i) The applicants shall make himself 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 office;
(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.
(vi). The applicants are warned not to get himself implicated in any crime and should keep distance from the informant and not to misuse the liberty granted hereby. Any misuse of liberty granted by this Court would be viewed seriously against the applicant in further proceedings.
In default of any of the conditions, the Investigating Officer 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 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 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, who shall ensure the compliance of present order.
Order Date :- 11.5.2021 Pr/-