Allahabad High Court
Ashfak Hussain And Another vs State Of U.P. And Another on 13 November, 2019
Author: Vipin Sinha
Bench: Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48483 of 2019 Applicant :- Ashfak Hussain And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A. Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, Sri Rakesh Kumar Misrha learned counsel for the complainant and learned A. G. A. for the State Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 335 of 2019 u/s 498A, 376, 323, 504, 506 IPC and section 3/4 D. P. Act PS Kaimari, District Rampur.
I have perused the prosecution story as set up in the F.I.R..
Contention as raised at the Bar by learned counsel for the applicants is that the applicants have been falsely implicated in the present case; applicant no. 1 is the husband and applicant no. 2 is the dewar and they have been implicated in a matrimonial dispute; no custodial arrest is necessary and the applicants will participate and cooperate with the investigation; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Ashfak Hussain and Jishan involved in the aforesaid case, they shall be released on anticipatory bail on their 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 applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make himself available for interrogation by a police officer as and when required;
iii) 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 him from disclosing such facts to the Court or to any police office;
(iv) the applicants 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 13.11.2019 Kuldeep