Allahabad High Court
Fahim Ansari Alias Fahim Ahmad And 4 ... vs State Of U.P. on 19 January, 2021
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8454 of 2020 Applicant :- Fahim Ansari Alias Fahim Ahmad And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Learned counsel for the applicants is permitted to implead informant as opposite party no.e in the array of the parties during the course of the day.
Implication of the applicants under the alleged offences appears to be on account of matrimonial dispute.
Learned counsel for the applicants has submitted that the allegations made are absolutely false. They have been made for ulterior motives and to pressurize the applicants.
Before passing final order, the Court considers it appropriate to hear the opposite party no. 2.
Issue notice to opposite party no. 2, returnable within four weeks List this case on 9.3.2021.
In the meantime, learned A.G.A. may file counter affidavit.
Till then, in case of their arrest, the applicants,Fahim Ansari alias Fahim Ahmad, Mohd. Yusuf, Akhtari, Dr. Azim alias Azim Ahmad, Mukim alias Mohd. Mukim , shall be enlarged on interim anticipatory bail in Case Crime No. 746 of 2020 under Sections 498-A,323,504,506 I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Kareli, District- Prayagraj, on their furnishing personal bonds of Rs. 50,000/- each and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave the country 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/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad before the Court/Authority/Official concerned; and
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.P/S.S.P concerned by the applicants, if the investigation is still in progress, who shall ensure compliance of this order after due verification from official website of this court.
Order Date :- 19.1.2021 Atul kr. sri.