Allowed

Jishan and 5 Others v. State of U.P. and Another

Allahabad HC23 Jun 2021ABAIL/6429/2021

Case brief

AI extract

What is this about?

Court allowed an anticipatory bail application filed under S. 438 Cr.P.C. by six applicants charged with matrimonial offences. The interim order dated 23.03.2021 was confirmed on the terms of furnishing personal bonds and sureties with standard conditions.

What did the court decide?

Confirmation of interim anticipatory bail with a personal bond of Rs. 50,000 each and two sureties of like amount on specified conditions pending conclusion of the trial.

Jishan and 5 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 38

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6429 of 2021

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Applicant :- Jishan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar Upadhyay

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Vivek Kumar Singh, learned counsel for the applicants, Sri Pradeep Kumar Upadhyay, learned counsel for the informant and learned A.G.A. for the State through video conference.

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This anticipatory bail application has been filed on behalf of the applicants - Jishan, Shukrullah, Jamila Bano, Faizan, Shazan & Roshni , seeking anticipatory bail in Case Crime No.0063 of 2021, under Sections -498-A, 323, 504, 506, 313, 354ka I.P.C. & 3/4 D.P. Act, Police Station -Mau Aima, District -Prayagraj , during the pendency of trial.

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The bail application has been opposed by learned AGA.

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On 23.03.2021, the below quoted order was passed in the present case granting interim anticipatory bail to the applicant.

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"Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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Sri Pradeep Kumar Upadhyay, Advocate has put in appearance on behalf of the opposite party no. 2 in the Court today.

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He prays for and is allowed two weeks' time to file counter affidavit.

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Learned A.G.A. may also file counter affidavit within the same period.

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Put up this case on 15.04.2021 as a fresh case.

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Till then, in case of their arrest, the applicants, Jishan, Shukrullah, Jamila Bano, Faizan, Shazan and Roshni, shall be enlarged on interim anticipatory bail in Case Crime No. 63 of 2021 under Sections 498A, 323, 504, 506, 313, 354Ka I.P.C. & Section 3/4 of Dowry Prohibition Act, Police

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Station- Mau Aaima, 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:-

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(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;

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(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;

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(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;

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(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

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(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.

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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.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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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."

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Today, it has been stated at the Bar that this was a pure matrimonial dispute between the parties which has been amicably settled outside the Court and both parties are residing separately. In such circumstances, Sri Upadhyay, learned counsel for the informant states that there is no objection to the anticipatory bail being confirmed. Accordingly, the order dated 23.03.2021 is confirmed and the said application is accordingly disposed of on the following terms.

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At present, there are no criminal antecedents of the applicants shown as also no real apprehension has been expressed by the State of the applicants fleeing from justice, if the present application is allowed.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicants are entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicants - Jishan, Shukrullah, Jamila Bano, Faizan, Shazan & Roshni , involved in the aforesaid case crime, they shall be released on anticipatory bail till conclusion of the trial, on their furnishing a personal bond of Rs. 50,000/- each with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicants shall make themselves available for interrogation by a police officer as and when required.

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(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 from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicants shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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Present application stands disposed of .

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Order Date :- 23.6.2021 S.Chaurasia

Jishan and 5 Others v. State of U.P. and Another

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Jishan and 5 Others v. State of U.P. and Another

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