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[email protected] And 4 Others 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. – 1370 of 2020

Applicant :- [email protected] And 4 Others

Opposite Party :- State of U.P.

Counsel for Applicant :- Bipin Kumar Tripathi,Ashok Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Suneet Kumar,J.

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

Applicants no. 1 2 are daughter and son of Jeth; applicant no. 3 is jethani; applicants no. 4 5 are mother-in-law and father-in-law of the deceased.

It is urged that incident is of 11.11.2019, whereas, F.I.R. was lodged on 14.12.2019 i.e. after one month of the incident; it is a case of suicide; body of the deceased was recovered from railway track on information of the Gateman; during inquest, all family member of the deceased and in-laws were present; applicants have 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 they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicants-Km. Ujala, Dileshar, Smt. Sunita Devi, Smt. Asharfi Devi, Ram Ashrey Yadav, involved in Case Crime No. 333 of 2019, under Sections 498A, 306, 120B IPC, Police Station Ramkola, District Kushinagar, they 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 applicants shall make themselves available for interrogation by a police office 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 him from disclosing such facts to the Court or to any police office;

(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 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 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 applicant.

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.

Order Date :- 12.2.2020

Mukesh Kr.

 

 

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