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Sharabjeet Gautam (Anticipatory … vs State Of U.P. on 22 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- BAIL No. – 10440 of 2019

Applicant :- Sharabjeet Gautam (Anticipatory Bail)

Opposite Party :- State of U.P.

Counsel for Applicant :- Angad Kumar Vishwakarma,Ajit Ranjan,Pradeep Kumar

Hon’ble Dinesh Kumar Singh,J.

The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in F.I.R. No.639 of 2019 registered on 30.7.2019 under Sections 323, Section313, Section315, Section494, Section498A I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Gazipur, District Lucknow.

Allegations in the FIR, which got registered by employing the provisions of Section 156(3) Cr.P.C., are that the complainant got married with the accused-applicant 12 years before the date of the incident. The complainant changed her religion and after marriage she started living the accused-applicant as his wife. 8-9 years after the marriage, the complainant conceived, but the accused-applicant said that he did not want the child and, therefore, he administered some drug by which the complainant’s condition became very serious. The complainant again conceived in the year 2017 and when the accused-applicant came to know that the complainant had conceived, he started demanding Rs.2 lakhs and asked the complainant that if she did not bring Rs.2 lakhs, then he would leave her. The accused-applicant, thereafter, started torturing the complainant physically and mentally. The accused-applicant would come drunk and assault the complainant. The accused-applicant was also compelling the complainant to have sexual relationship with other people. In 2019, the accused-applicant has married another woman, named, Priti (Arti Gautam).

Learned counsel for the applicant, however, submits that allegations in the FIR are totally concocted and false. He further submits that the accused-applicant is ready and willing to cooperate in the ongoing investigation. This Court may put any terms and conditions for releasing the accused-applicant on anticipatory bail. It is also said that there are other matters pending between the parties.

Considering the above aspects of the matter and without entering into the merits of the allegations, 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 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 themselves 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

(iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.

With the above observation/direction, the anticipatory bail application is disposed of.

Order Date :- 22.11.2019

Rao/-

 

 

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