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Tanuj Kumar And 3 Others vs State Of U.P. And Another on 28 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 52291 of 2019

Applicant :- Tanuj Kumar And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Pankaj Sharma,Prashant Sharma

Counsel for Opposite Party :- G.A.

Hon’ble Rajul Bhargava,J.

Heard learned counsel for the applicant and learned A. G. A. for the State.

The present anticipatory bail application has been filed by the applicant in Case Crime No. 282 of 2019, under Sections 498A, Section342, Section354, Section323, Section504 IPC and 3/4 D.P. Act, Police Station Hathras Junction, District Hathras with the prayer to grant anticipatory bail to the applicant.

I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.

Learned counsel for the applicants states that the applicants have been falsely implicated in this case by the opposite party no. 2, therefore, the applicants may be enlarged on bail.

Learned AGA has opposed the prayer for anticipatory bail with the contention that charge-sheet has been submitted against the applicants and Nanad of the deceased has been exonerated; the marriage of opposite party no. 2 took place with applicant no. 1 about four months back. She has sustained several injuries as pointed out by learned AGA, which copy has not been annexed with the bail application and looking to the gravity of offence, no case for grant indulgence is made out.

After hearing learned counsel for the parties and after perusing the impugned FIR and also looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment and the fact as advanced by the learned AGA, no case for grant of any indulgence is made out.

Accordingly, the application for anticipatory bail is rejected.

If the applicant no. 4 has not been exonerated, she shall not be arrested till the submission of police report u/s 173(2) Cr.P.C.

Order Date :- 28.11.2019

Dhirendra/

 

 

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