Allahabad High Court
Meeraj @ Meeraj Hussain vs State Of U.P. Thru. Its Prin. Secy. ... on 3 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51682
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 97 of 2023
Applicant :- Meeraj @ Meeraj Hussain
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Lko. And 2 Others
Counsel for Applicant :- Sheikh Wali Uz Zaman
Counsel for Opposite Party :- G.A.,Zubair Hasan
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sheikh Wali Uz Zaman, learned counsel for the applicant, Sri Ram Ji, learned AGA for the State, Zubair Hasan, learned counsel for the informant and perused the records.
2. On 23.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel the applicant and learned A.G.A. for the State.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 387/2021, under Sections 376/504/506 I.P.C., P.S. Misrikh, District Sitapur.
Learned counsel for the applicant submits that opposite party no. 3 is the wife of the deceased brother of the applicant. She on the instigation of villagers initially though had lodged the F.I.R., later on she has compromised with the applicant. Copy of the compromise is on record. There is material improvement in the statement of the prosecutrix under Section 161 and 164 Cr.P.C. There is no independent witness to the incident. It is also submitted that the prosecutrix has refused to undergo medical examination. The applicant has no criminal antecedents. He undertakes to cooperate in the trial.
Issue notice to respondent No. 3.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 21.02.2023.
Considering the above aspect of the matter, perusal of the record as well as the fact that there is improvement in the statement of the prosecutrix under Section 161 and 164 Cr.P.C.; both the accused persons and the prosecutrix are family members; the prosecutrix has entered into a compromise and the applicant is undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
3. The state has not filed any counter affidavit. Although the informant has filed a counter affidavit, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
4. Learned counsel for the informant states that the investigation stands completed and the charge sheet has already been filed on 16.05.2022 and the court has taken cognizance of the case on 10.10.2022.
5. In view of the aforesaid circumstances, the interim order dated 23.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
6. The applicant is directed to appear before the trial court and furnish bail bonds within a period of two weeks from today.
Order Date :- 3.8.2023
Pradeep/-
