HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 54
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2141 of 2020
Applicant :- Vakeel Khan
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Zakir
Counsel for Opposite Party :- G.A.
Hon’ble Rajiv Joshi,J.
Heard Sri Mohammad Zakir, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 270 of 2019, under sections 498A, 323, 342, IPC and 3/4 D.P. Act, Police Station Shikarpur, District, Bulandshahr, during pendency of investigation.
It is contended by learned counsel for the applicant that no specific role has been assigned to the applicant, who is the husband of the informant. It is further submitted by learned counsel for the applicant that general role has been assigned and the other co-accused has already been granted anticipatory bail by the trial court. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in this case. He never demanded any dowry from the informant and has apprehension of his imminent arrest. If released on bail, he 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.
Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant, looking to the fact that there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Vakeel Khan involved in the aforesaid case, he 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 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 shall make himself available for interrogation by a police officer as and when required;
(ii) 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) 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 of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
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 applicant.
The applicant is 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 :- 17.3.2020