Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8873 of 2020 Applicant :- Zahoor Ahmad @ Mohd. Zahoor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Fateh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Vide order dated 09.12.2020, the applicant has been granted interim anticipatory bail. The said order is quoted below:-
"Heard learned counsel for the applicant and learned AGA for the State.
Applicant is the father-in-law of opposite party No.2. There is allegation of attempt to outrage the modesty of opposite party No.2 against him.
Counsel for the applicant submits that on account of matrimonial dispute, all the members of his family have been implicated on one allegation or other in the FIR lodging by opposite party No.2.
Issue notice to opposite party No.2 returnable within four weeks. List this case on 08.02.2021.
In the event of arrest of the applicant shall be released on interim anticipatory bail in Case Crime No. 568 of 2020, under Sections 147, 354- Kha, 323, 504 506 IPC, Police Station Nawabganj, District Bareilly, 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 concerned 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 office;
(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 is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicant who shall ensure compliance of this order after due verification from official website of this court."
2. Four months have passed and no opposition has been made to the grant of anticipatory bail. Keeping in mind the nature of allegations made and the relationship of the applicant with the informant being that of father-in-law, the applicant is found entitled to anticipatory bail in the context of matrimonial dispute.
3. In view of the above, in the event of arrest of the applicant - Zahoor Ahmad @ Mohd. Zahoor, involved in Case Crime No. 568 of 2020, under Sections 147, 354-Kha, 323, 504, 506 IPC, Police Station Nawabganj, District Bareilly, he shall be released on anticipatory bail in terms of the order dated 09.12.2020.
4. Present application stands disposed of. Order Date :- 28.4.2021 AHA