HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 40343 of 2019
Applicant :- Javed And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta
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 the applicant no. 1 is brother-in-law (Nandoi) and applicant no. 2 is his wife; false and frivolous allegation has been made in the F.I.R. for commission of gang rape by the first informant against him and one more Nandoi Guddu. It is further stated that co-accused Guddu and another has been granted anticipatory bail by the coordinate Bench of this Court in Crl. Misc. Bail Application no. 40414 of 2019 vide order dated 27.9.2019. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicants may be enlarged on anticipatory bail.
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 are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Javed and Varisha @ Varish involved in Case Crime No. 0066 of 2019, u/s 498A, 323, 354, 376D SectionIPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar, 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 themselves 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 they have 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.
In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 1.10.2019