Allahabad High Court
Sachin Talwar vs State Of U.P. And Another on 10 July, 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. - 4121 of 2020 Applicant :- Sachin Talwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Learned counsel for the petitioner states that he could not file the certified copy of the impugned order passed by the learned Sessions Court, Varanasi due to COVID-19 and prays for exemption. The exemption application is allowed.
Sri Krishna Kant Yadav, learned Advocate, has put his appearance on behalf of the complainant. He is directed to file his power on behalf of the complainant in the registry of this Court today during the course of the day.
Heard Sri Rajeev Tiwari, learned counsel for the applicant, Sri Krishna Kant Yadav, learned counsel for the complainant, Ms. Anjali Upadhyay, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the marriage between the applicant and the informant, namely, Mini Talwar was solemnized on 10.7.2016 and there was some matrimonial dispute between the parties, which has been compromised between the the husband and wife amicably and the informant of the case is ready to withdraw the present F.I.R., the said fact has been mentioned in paragraph no.13 of the affidavit filed in support of the anticipatory bail application. The applicant has no criminal antecedents, the said fact has been mentioned in paragraph no.27 of the affidavit filed in support of the anticipatory bail application.
Learned counsel for the complainant has admitted the fact of compromise entered into between the parties.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant-Sachin Talwar involved in Case Crime No.654 of 2019, under Sections 498A, 354, 323, 504, 506, 377, 419, 420, 467, 468, 471, 120-B I.P.C. and Section 3/4 D.P.Act, Police Station Sigra, District Varanasi, he 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 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 applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant 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 officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him 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 applicant.
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 applicant.
The applicant is 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.
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 :- 10.7.2020 NS