Allahabad High Court
Raju And Another vs State Of U.P. And 2 Others on 1 August, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30932 of 2019
Applicant :- Raju And Another
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Mohammad Anas Raza,Avnish Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Mohd. Anas Raza, learned counsel for the applicants, Sri G.P.Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the applicants are husband and wife and have been falsely implicated in the present case. He further submits that as per the FIR, main allegation has been levelled against the co-accused persons and the petitioners happens to be neighbour of the deceased who committed suicide, have been falsely implicated in the present case. The only allegation which has been levelled against the applicants is for the offence under Section 120B I.P.C. The present FIR has been lodged against the applicants just to malign their image in the society. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for anticipatory bail.
So far as applicant no.1-Raju is concerned, without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant no.1-Raju involved in Case Crime No.320 of 2019, under Sections 306, 323, 120-B I.P.C., Police Station T.P. Nagar, District Meerut. Accordingly, the anticipatory bail application on behalf of applicant no.1 Raju is hereby rejected.
However, the applicant no.1 is at liberty to move bail application u/s 439 Cr.P.C., if so advised.
So far as applicant no.2 who is a lady is concerned, without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that she has no criminal antecedents, she is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant no.2-Smt. Jyoti involved in Case Crime No.320 of 2019, under Sections 306, 323, 120-B I.P.C., Police Station T.P. Nagar, District Meerut, she 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 her 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 herself 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 him 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 she 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 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 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 :- 1.8.2019
NS
