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Smt. Rani And Another vs State Of U.P. And 2 Others on 23 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 69

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 306 of 2020

Applicant :- Smt. Rani And Another

Opposite Party :- State Of U.P. And 2 Others

Counsel for Applicant :- Sandeep Kumar,Rahul Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh-I,J.

Heard Sri Sandeep Kumar, learned counsel for the applicants, and Sri B.A. Khan, learned A.G.A. for the State.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0010 of 2019 under sections 498A, 323, 313, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Bareilly, during the pendency of trial.

Submission made by the learned counsel for the applicants is that the applicant no. 1 is the sister-in-law and the applicant no. 2 is the mother-in-law of the daughter of opposite party no. 3 and thus false allegation of demand of dowry i.e. Rs.5.00 lacs and a car was being made from the victim. They have been falsely implicated. No such demand was ever made nor any injury was caused to the victim by them. They apprehend imminent arrest. They have no criminal history. If released on bail they would not misuse the liberty and would co-operate with the investigation

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

Looking to the fact that no such demand was ever made nor any injury was caused to the victim by them, taking into consideration the gravity of accusation, there being no criminal antecedents of the applicants 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 Smt. Rani and Smt. Salma involved in the aforesaid case 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. 50,000/- 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 they have passport the same shall be deposited by them 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 applicants.

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 :- 23.1.2020

AU

 

 

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