Allahabad High Court
Jaleel vs State Of U.P Thru. Prin. Secy. ... on 23 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:56236
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1454 of 2023
Applicant :- Jaleel
Opposite Party :- State Of U.P Thru. Prin. Secy. (Home) Civil Sectt. Lko
Counsel for Applicant :- Ashish Kumar Singh,Dileep Singh,Manish Vaish
Counsel for Opposite Party :- G.A.,Hemant Kumar Pandey,Riyaz Ahmad
Hon'ble Subhash Vidyarthi,J.
1. On 27.06.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 656/2022, under Sections 498A/323/506/342/376 I.P.C., P.S. 3/4 of D.P. Act, P.S. Kotwali Nagar, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Leaned counsel for the applicant is directed to implead the complainant during course of the day.
Learned counsel for the applicant submits that the dispute is purely matrimonial in nature. The applicant is 70 years old. He is father-in-law of the complainant. Initially, the daughter of the applicant as well as the applicant was beaten by the complainant and his family members, therefore, he filed an application under Section 156(3) Cr.P.C. on 14.06.2022 which is still pending. It is further submitted that as a counter blast thereto, the present F.I.R. has been lodged on 23.09.2022 regarding the incident which has not taken place as no date and time has been mentioned in the F.I.R.
It is further submitted that the F.I.R. has been lodged by levelling sweeping allegations on the accused persons. It is also submitted that there is no corroborative material such as medical etc. to corroborate the prosecution case. The applicant has no criminal history.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 19.07.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that the applicant is father-in-law and there is no corroborative material except the statements of the prosecution witnesses; the applicant has no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, 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 court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court."
2. The opposite party no. 2 has put in appearance by filing vakalatnama of her counsel on 24.07.2023 but no counter affidavit has been filed by the informant. The State has also not filed any counter affidavit till date.
3. 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 applicant has submitted that anticipatory bail of the co-accused Noor Alam has been allowed by means of an order dated 07.07.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1526 of 2023.
5. Learned counsel for the applicant informs that the applicant has already furnished bail bonds in furtherance of the aforesaid interim order.
6. In view of the aforesaid circumstances, the interim order dated 27.06.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 23.8.2023
Pradeep/-
