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Islam And 5 Others vs State Of U.P. on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 31369 of 2019

Applicant :- Islam And 5 Others

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ansar Ahmad

Counsel for Opposite Party :- G.A.

Hon’ble Rajul Bhargava,J.

Heard learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.

Learned counsel for the applicants submitted that frivolous F.I.R. has been lodged by wife of applicant no. 1, who subsequently died on account of illness and some infection. In the F.I.R., general and vague allegation has been made against the applicant nos. 2,3,4,5 and 6 who are father-in-law, brother-in-law, sister-in-law (Nand and Bhabhi). So far as the applicant no. 1 is concerned, he is husband of informant and as per her post mortem report, she died on account of septicaemia as a result of chronic lung and liver disease.

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

Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants no. 2 to 6 are entitled to be released on anticipatory bail in this case. So far as the husband, applicant no. 1 is concerned, there are serious allegation of assaulting the deceased on account of which it is stated that her pregnancy was aborted, I do not find any good ground to grant anticipatory bail. Anticipatory bail application is rejected filed on behalf of husband-applicant no. 1.

In the event of arrest of the applicants no. 2 to 6 Mukeem, Ishtiyaq, Irshad, Parveen, Aasiya involved in Case Crime No. 02 of 2019, u/s 498A, 323, 504, 506, 313 SectionI.P.C. and section 3/4 D.P. Act, P.S. Mahila Thana, District Aligarh shall be released on anticipatory bail till the submission of police report if any under Sectionsection 173 (2) SectionCr.P.C. before the competent Court 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 shall make himself available for interrogation by a 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 them from disclosing such facts to the Court or to any police officer;

(iii) the applicants shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by them 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 applicants.

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 applicants.

The applicants are 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.

Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it’s compliance.

Order Date :- 13.8.2019

Dhirendra/

 

 

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