Allahabad High Court
Amit Kumar Verma Alias Supari vs State Of U.P. Thru. Prin.Secy. Home ... on 12 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:58768 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1988 of 2023 Applicant :- Amit Kumar Verma Alias Supari Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Govt. Of U.P. Civil Sectt. Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. The Advocates are abstaining from judicial work today. However, as the question of personal liberty of the applicant is involved in the present case and the Court is under an oath to perform its duties to the best of its ability, I proceed to decide the application after going though the records with the assistance of learned Additional Government Advocate appearing on behalf of the State.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.471 of 2023, under Sections 498-A, 323, 313, 354 (B), 506 I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Kotwali Nagar, District Barabanki.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.04.2023 against seven persons, including the applicant, stating that the informant got married to co-accused Gulshan Kumar about one and half years ago and all the accused persons, who are family members and relatives of the informant's husband used to harass her for demanding dowry. The applicant is the maternal uncle of the informant's husband.
4. In the statement of the informant recorded under Section 161 Cr.P.C. she supported the F.I.R. allegations but she did not level any specific allegation against the applicant.
5. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.
6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is the maternal uncle of the informant's husband and there is no specific allegation against him coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.
8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Amit Kumar Verma @ Supari before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;
(ii). That 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 or tamper with the evidence;
(iii). That the applicant shall not pressurize/ intimidate the prosecution witness.
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(Subhash Vidyarthi, J.) Order Date :- 12.9.2023 Ram.