Allahabad High Court
Ram Dular And Another vs State Of U.P. on 25 September, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39274 of 2019 Applicant :- Ram Dular And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Rajendra Kumar Singh, learned counsel for the applicants, Sri G.P. Singh, learned AGA for the State and perused the record.
It has been contended by the learned counsel for the applicants that the applicants are parents of the co-accused Arjun @ Monu who has enticed away the victim girl and on account of the said relationship, the applicants have been falsely implicated in the present case. As per FIR, the victim is aged about 16 years. The present FIR has been lodged against the applicants just to malign their image in the society. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicants are entitled to be released on bail in this case.
In the event of arrest of the applicants Ram Dular and Geeta Devi involved in Case Crime No.286 of 2019, u/s 363, 366 IPC, P.S. Saraikhawaja, district Jaunpur, 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 furnishing personal bonds 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 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.
The case of the applicants is distinguishable from the case of co-accused of the present case namely Arjun @ Monu.
Order Date :- 25.9.2019 Gaurav