Allahabad High Court
Sutapa Saha And Another vs State Of U.P. on 22 September, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5626 of 2020 Applicant :- Sutapa Saha And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Vajpeyi,Syed Imran Ibrahim Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Anurag Vajpeyi, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned brief Holder appearing for the State and perused the record.
An exemption application has been filed on behalf of the applicant along with present bail application for exempting the filing of certified copy of the F.I.R. as it could not be made available to the applicant due to COVID-19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
It has been contended by the learned counsel for the applicants that the applicants are father-in-law and mother-in-law of the husband of the complainant, namely, Ankit Saha, who has already been granted bail by the competent court and congniznce has also been taken against him under section 313 Cr.P.C. He submits that earlier the applicants have been exonerated and charge-sheet has been submitted but thereafter the investigation has been transferred to crime branch and till date no charge-sheet has been submitted against them. The applicants have no other reported criminal antecedent.
Learned Brief Holder for the state opposed the prayer for bail and submitted that as per his instructions charge-sheet has been submitted against applicant Sutapa Saha but there is no documentary evidence to support the same.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Sutapa Saha and Ashok Kumar Saha involved in case crime no. 74 of 2019 under sections 498-A, 323, 506, 313 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Gautam Budh Nagar, they 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 personal bonds of Rs. 25,000/-each 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 himself 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 him 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 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 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2020 Shiraz