Nitin Chaudhary vs State Of U.P. And Another
2023 Latest Caselaw 12880 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10191 of 2022
 

 
Applicant :- Nitin Chaudhary
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shyam Babu Vaish
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 0127 of 2022, under sections 498A, 323, 504, 506, 377, 406 & under Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Aligarh.

It is submitted by learned counsel for the applicant that in this case matter was referred to the mediation by order dated 19.10.2022 and mediation was conducted between both the parties and dispute got finally settled on condition that Rs. 18 lakhs will be given by the applicant to his wife in terms of settlement out of which Rs. 4,50,000 has already been deposited before the mediation centre through demand draft dated 13.04.2023 bearing No. 377105 drawn on Union Bank of India and Rs. 4,50,000 are to be handed over on 30.05.2023 before the mediation, remaining amount Rs. 9 lakhs are to be paid at the time of final judgment in the case of Section 13 (B) of the Hindu Marriage Act before the learned trial court. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation, so requested for anticipatory bail.

Learned A.G.A. for the State has no objected in this regard.

On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the mediation report dated 25.04.2023 and the part payment made on the part of the applicant in favour of his wife before the mediation centre in terms of settlement, there appears no relevance of keeping this anticipatory bail pending before this court and 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 anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

In the event of arrest of the applicant- Nitin Chaudhary, shall be released on anticipatory bail till the submission of police report under Section 173 (2) Cr.P.C., 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 himself 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 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 is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

Order Date :- 26.4.2023

Suraj Srivastav