Court rejected anticipatory bail application post-charge-sheet, directing regular bail application instead.
Anticipatory bail rejected; applicants directed to file regular bail application for expeditious consideration.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2204 of 2021
Applicant :- Mithilesh Tiwari And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Satish Chandra Mishra
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State are present.
This is an application of the anticipatory bail given by the applicants Mithilesh Tiwari, Raj Kishor Tiwari, Usha Tiwari in Case Crime No. 197 of 2020, under Sections 498A, 323, 504, 506, 377, 307 IPC, Police Station Lalpur/Pandeypur, District Varanasi.
The FIR version is that the informant was married with the applicant no.1 in the year 2017 and a daughter was born out of wedlock. During the pregnancy, applicant no.1 has committed unnatural sex with the informant and he and the family members demanded additional dowry and continuing harassing her on account of non-fulfillment of dowry demand. They used abusive language and committed maarpeet with her.
The submission of learned counsel for the applicants is that on the basis of general allegation all the family members of the applicants have been implicated in this case. It has been further submitted that the allegation in the FIR is totally against husband and not much has been stated in the FIR against the father-in-law and mother-in-law. It has also been submitted that the record shows that the informant is living separately with her parents from February, 2019 and subsequently with the false allegation the FIR has been lodged. On the basis of false allegation, the police is inclined to arrest him and, therefore, a prima facie case for anticipatory bail is made out. It has been further submitted that the applicants have been falsely implicated and therefore, they are entitled for anticipatory bail. Learned counsel for the applicants has further submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on anticipatory bail, the applicants shall not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the opposite party no.2
have opposed an anticipatory bail application and have submitted that after investigation charge sheet has been filed and as such anticipatory bail application has got no force and is liable to be rejected.
Considered the submissions of both sides.
The provision of anticipatory bail has been provided to check unnecessary harassment of innocent persons who may have to go to jail because of some FIR lodged against them. The charge sheet has been filed after investigation into the matter. Therefore, the claim of anticipatory bail cannot be said to be based on sound reason and right course is to go for regular bail before the appropriate forum. Therefore, an anticipatory bail application is rejected with the direction that if the regular bail application is filed, the same shall be considered expeditiously, preferably on the same day and shall be disposed of according to law taking into consideration that the appellants have been granted interim bail in this matter.
Order Date :- 26.7.2021 Mini
2 issues framed by the court
Whether anticipatory bail is maintainable post-filing of charge sheet.
Whether false allegations and prima facie case exist for anticipatory bail.
Mithilesh Tiwari and 2 Others
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
