HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2189 of 2020
Applicant :- Harshit @ Joni
Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon’ble Dinesh Kumar Singh-I,J.
Heard Sri Manoj Kumar Tripathi, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 330 of 2019 under sections 498A, 377, 354, 354 Kha, 323, 504 IPC and 3/4 D.P. Act, Police Station Babugarh, District Hapur, during the pendency of investigation.
Submission made by the learned counsel for the applicant is that the applicant, who is ‘Dewar’ of the victim/informant, has been falsely implicated. He has further argued that the husband of the informant has already been granted regular bail from the court below and the father-in-law, who is co-accused has been granted anticipatory bail by this Court vide order dated 14.2.2020 copy of the order is annexed at page-27 of the paper book and other two co-accused i.e. mother-in-law and ‘Nand’ have also been granted anticipatory bail from the court below. He has no criminal history. He has apprehension of imminent arrest. If released on bail he would not misuse the liberty and would co-operate with the investigation.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted aforesaid fact.
Looking to the fact that co-accused have already been granted bail and the case of the present applicant is at par with the case of the co-accused, no custodial interrogation is required, without expressing any opinion on the merits of the case and 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 Harshit @ Joni involved in the above-mentioned case, 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 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 him from disclosing such facts to the Court or to any police officer;
(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 shall be 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 prejudiced 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 :- 17.3.2020