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Diwakar vs State Of U.P. on 12 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 1378 of 2020

Applicant :- Diwakar

Opposite Party :- State of U.P.

Counsel for Applicant :- Sunil Kumar Singh,Anil Kumar Srivastava (Senior Adv.),Ram Bahadur

Counsel for Opposite Party :- G.A.

Hon’ble Suneet Kumar,J.

Ms. Sharda Vishwakarma, learned counsel has filed vakaltnama on behalf of the informant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. appearing for the State and perused the record.

Applicant is brother-in-law of the deceased; there is love marriage between brother of applicant and the deceased; incident has taken place at Varanasi, whereas, applicant resides at Ambedkar Nagar; applicant is a student, having no other reported criminal antecedent.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicant-Diwakar, involved in Case Crime No. 228 of 2019, under Sections 498A, 304B, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Chetganj, District Varanasi, he shall 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 his 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 applicant shall make himself available for interrogation by a police office 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 him 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.

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 preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

Order Date :- 12.2.2020

Mukesh Kr.

 

 

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