Shesh Nath And Another vs State Of U.P.
2019 Latest Caselaw 6539 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30967 of 2019
 

 
Applicant :- Shesh Nath And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Haridwar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Haridwar Singh, learned counsel for the applicants, Sri Irshad Hussain, learned AGA for the State and perused the record.

It has been contended by the learned counsel for the applicants that the applicants are father-in-law and mother-in-law of the victim/prosecutrix. Main allegation is against the husband of victim namely Siddharth which appears from her statement recorded u/s 164 Cr.P.C. There was matrimonial dispute between the husband and wife on account of which applicants are implicated in the present case.

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 the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicants Shesh Nath and Smt. Phool Kumari involved in Case Crime No.568 of 2019, u/s 498-A, 323, 504, 506, 406, 376-D, 342, 354(C), 328, 313 IPC and 3/4 D.P. Act, P.S. Dhomangaj, district Prayagraj, they 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 personal bonds 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 themselves available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;

(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 is 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 prejudice 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.

The case of the applicants is distinguishable from the case of husband of the victim.

Order Date :- 1.8.2019

Gaurav