Allahabad High Court
Umarjan @ Umar Khan And 4 Others vs State Of U.P. on 11 February, 2020
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1038 of 2020 Applicant :- Umarjan @ Umar Khan And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Applicant nos. 1, 2, 3 and 4 are brothers and applicant no. 5 is brother-in-law of the applicants. It is urged that daughter of the informant is married to applicant no. 1; they are living as man and woman; earlier an FIR was lodged by the informant being Case Crime No. 770 of 2019 under Section 366 IPC in which this Court vide order dated 5.11.2019 has granted protection in Criminal Misc. Writ Petition No. 23409 of 2019. It is urged that the present FIR has been lodged maliciously to harass the daughter, her husband and in-law.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant-Umarjan @ Umar Khan, Saddan @ Sajmam, Farukh, Mohammad Imran and Imran Khan involved in Case Crime No.17 of 2020, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Baraut, District Baghpat 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 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 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 them 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.
Order Date :- 11.2.2020 S.Prakash