The Single Judge of the Allahabad High Court granted anticipatory bail to the applicant, finding no criminal antecedents and considering the nature of accusation, releasing him on a personal bond with grounds of his marriage history.
Applicant released on anticipatory bail on furnishing personal bond of Rs. 25,000 with two sureties.
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Court No. - 46
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4368 of 2022
Applicant :- Neel Kamal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A.,Maiku Lal Maurya,Pramod Kumar Shukla
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State, learned counsel for the informant and perused the record.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. He did not commit any offence as alleged. It is further submitted that the applicant and the victim have solemnized marriage and considering that fact this Court earlier granted protection to them vide order dated 15.11.2021 passed in Writ-C No. 28690 of 2021 (Varsha and another v. State of U.P. and 2 others), copy of said order is enclosed as Annexure-3 to the affidavit filed in support of bail application. It is next contended that the applicant has been implicated in the present case due to ulterior motive. The applicant has no criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant – Neel Kamal involved in Case Crime No. 302 of 2022, under Sections 323, 504, 506, 376, 377 IPC, Police Station Kwarsi, District Aligarh, 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 his 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 office;
(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 certified 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 anticipatory bail application is disposed of accordingly. Order Date :- 1.6.2022 DS
Digitally signed by DIGAMBER SINGH Date: 2022.06.02 16:41:20 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail pending submission of police report.
Whether conditions can be imposed on the applicant and investigating officer during investigation.
8 provisions across 2 enactments
Neel Kamal
State of U.P
Vivek Kumar Singh
As recorded by the court registry
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