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Mohammad Shadab And Anr vs State Of U.P. on 18 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 69

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2183 of 2020

Applicant :- Mohammad Shadab And Anr

Opposite Party :- State of U.P.

Counsel for Applicant :- Amir Khan

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh-I,J.

Heard Sri Amir Khan, learned counsel for the applicants, and Sri G.P. Singh , learned A.G.A. for the State.

This anticipatory bail application has been moved seeking bail in Case Crime No. 339 of 2019, under section 498A, 323, 506 IPC and 3/4 D.P. Act and Section 3/4 of the Muslim Women (Protection of Rights of Marriage) Act, 2019, Police Station Jahangirabad, District Bulandshahr, during the pendency of trial.

Learned counsel for the applicants has argued that the applicant no. 1 is ‘Dewar’ and applicant no. 2 is ‘Nandoi’ of the informant of this case. They have nothing to do with the present offence as this is a matrimonial dispute between the main accused Rashid, who is husband of the informant and informant. They have been falsely implicated. No specific allegation is levelled against him. This is no injury case. They apprehends their imminent arrest. They have no criminal history. If released on bail, they would cooperate with the investigation.

Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.

Taking into consideration the gravity of accusation and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicants Mohd. Shadab and Ansar involved in the aforesaid case, 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 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 him/her/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 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 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 prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicants arev 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 :- 18.3.2020

A.P. Pandey

 

 

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