HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43423 of 2019
Applicant :- Sagar Vashishth
Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghvendra Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It has been further contended that applicant is a husband; the story set up in the FIR, there is no allegation against the applicant under Section 376 and Section328 IPC. Further contention is that applicant has also filed a divorce petition, copy of is produced before this court and the same is taken on record, which shows that divorce petition was filed by the applicant on 07.06.2019 before the Family Court, Bundi, Rajasthan and by way of counter blast the present proceedings has been initiated against the applicant. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
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 he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Sagar Vashishth involved in Case Crime No. 175 of 2019 under Section 498A, Section328, Section504, Section506, Section376, Section328 I.P.C. and 3/4 D.P.Act, Police Station Mahila Thana, District Mathura, he shall be released on anticipatory bail 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 applicant will join and participate in each and every aspect of “Investigation” and will lend full assistance to the Investigating Agency even with regard to “discovery of fact” if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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 him from disclosing such facts to the Court or to any police officer;
(iv) the applicant 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 19.10.2019