HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 13
Case :- BAIL No. – 63 of 2020
Applicant :- Parul Sharma (Anticipatory Bail)
Opposite Party :- State Of U.P. Anr.
Counsel for Applicant :- Nadeem Murtaza,Anand Kanaujia,Praveen Kumar Yadav
Hon’ble Dinesh Kumar Singh,J.
This bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in FIR No.127 of 2019 under Sections 498A, 313, 354, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Bazarkhala, District Lucknow.
Learned counsel for the accused-applicant submits that the allegation under Section 313 IPC has been falsely incorporated besides other allegations to make the case serious. Out of wedlock, there is a 4 years’ old daughter who lives with the accused-applicant. Respondent No.2 filed a petition under Article 226 of the Constitution of India for a writ of Habeas Corpus which has been rejected by this Court. He further submits that the allegation for offence under Section 313 Cr.P.C. is for a period prior to birth of the girl child.
Considering the above aspects of the matter and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C. till filing of the police report under Section 173(2) Cr.P.C. In the event of arrest, the applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation. The applicant be released with further following conditions :-
(i) That the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) That 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 them from disclosing such facts to the Court or to any police officer;
(iii) That the applicant shall not leave India without the previous permission of the Court; and
With the above observation/direction, the anticipatory bail application is disposed of.
Order Date :- 27.1.2020