HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49964 of 2019
Applicant :- Akila @ Wakila And 3 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Sikandar Khan
Counsel for Opposite Party :- G.A.
Hon’ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 771 of 2019, under Sections 498A, Section452, Section354a, Section376, Section323, Section504, Section506 IPC, P.S. Kotwali Dehat, District Bulandshahar.
It is contended by the learned counsel for the applicants that the FIR in this case has been lodged by Shabana, wife of Irfan son of the applicant nos. 1 and 2, brother-in-law of respondent no. 3 and brother of respondent no. 4 falsely alleging commission of offences by all the accused under Sections 498A, Section452, Section354a, Section323, Section504, Section506 IPC while the specific allegation regarding commission of offence under Section 376 IPC which has been made against applicant no. 4, Amir @ Amil which are not warranted by any material on record. He next contended that the applicant no. 4, Amir @ Amil is not residing with his brother and his wife and he is an employee of Delhi Metro and residing in Delhi. He next contended that since the applicants have no criminal antecedent to their credit, are entitled to be enlarged on anticipatory bail. The matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
It has been consistently held that the plentitude of Section 438 CrPC must be given its full play. There is no requirement that the accused must make out a “special case” for the exercise of the power to grant anticipatory bail as it virtually, reduces the salutary power conferred by Section 438 CrPC to a dead letter.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Akila @ Wakila, Yunus, Imran and Amir @ Amil involved in the aforesaid case, they shall be released on anticipatory bail on their 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 will join and participate in each and every aspect of “Investigation” and will lend full assistance to the Investigating Agency even with regard to “discovery of fact” if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) 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 him from disclosing such facts to the Court or to any police officer;
(iv) 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.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 16.11.2019