Allahabad High Court
Neeraj Shrivastava And Another vs State Of U.P. on 23 January, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 35 of 2020 Applicant :- Neeraj Shrivastava And Another Opposite Party :- State of U.P. Counsel for Applicant :- Maneesh Kumar,Harsh Vijay Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Maneesh Kumar, learned counsel for the applicants, Sri K.K. Shukla, learned counsel for the informant and Sri B.A. Khan, learned A.G.A. for the State.
This anticipatory bail application has been moved seeking bail in Case Crime No.0227 of 2019 under sections 498-A, 323, 504, 506, 419, 420, 467, 468, 471 IPC, Police Station Attarsuiya , District Prayagraj , during the pendency of trial.
Learned counsel for the applicants has argued that a false allegation has been made against the accused-applicants by the informant that without her consent, the share in property belonging to her daughter born from her first husband which was performed with Pankaj, who died in the year 2010, was sold by the applicants, in fact, consent was given which has been mentioned in paragraph no. 15 of the affidavit and since the informant had married the accused-applicant no. 1 after death of his brother Pankaj, sale was executed in the interest of child. The accused-applicants are innocent. They have no criminal history. If released on bail they would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for granting anticipatory bail stating that the consent was not given to sell the share of the daughter born out of wedlock of informant and her first husband Pankaj. The name of the father of Harshita in the Parivar Register has also been shown by the applicant no.1 as his own name instead of real father i.e. Pankaj.
Looking to the fact that it appears to be a family dispute between two sides and the informant had already married the accused-applicant no.1, taking into consideration the gravity of accusation, there being no criminal antecedents of the applicants and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Neeraj Shrivastava and Smt. Shila Devi involved in the aforesaid case 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. 50,000/- 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 himself available for interrogation by a police officer 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/her/them from disclosing such facts to the Court or to any police officer;
(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 shall be 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 prejudiced 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 :- 23.1.2020 AU