Allahabad High Court
Mohd. Intezar vs State Of U.P. And Another on 1 August, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30980 of 2019
Applicant :- Mohd. Intezar
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Amar Jeet Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri S.K. Dwivedi, holding brief of Mohd. Belal, Advocate has filed his power on behalf of the complainant which is taken on record.
Heard Sri A.J. Upadhyay, learned counsel for the applicant, Sri S.K. Dwivedi, holding brief of Mohd. Belal, learned counsel for the complainant, Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the husband of the opposite party no.2. The marriage between the two was solemnized in the year 2007. From their wed-lock a female child was born who is with the opposite party no.2. It is stated that the injuries sustained by the victim are simple in nature. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Mohd. Intezar, involved in Case Crime No.434 of 2019, u/s 498-A, 323, 504, 506, 376, 377, 511, 307 IPC and 3/4 D.P. Act, P.S. Nauchandi, district Meerut, 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 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 themselves available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant 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 is 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 prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicants 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 :- 1.8.2019
Gaurav
