The court allowed an anticipatory bail application filed under Section 438 Cr.P.C. for applicants falsely implicated in a matrimonial offence, granting bail on personal bond with sureties and standard conditions.
Anticipatory bail allowed till conclusion of trial on furnishing a personal bond with two sureties each with specific conditions.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9704 of 2022
Applicant :- Guljar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sameer Khan Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra
Hon'ble Krishan Pahal,J.
None is present on behalf of the informant even in the revised call.
Heard Sri Sameer Khan, learned counsel for the applicants and Sri Aditya Kumar Singh, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 447 of 2021, under Sections 406, 420, 506 IPC, Police Station Amroha Nagar, District Amroha, with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the informant herein is stated to have married one Ruksana Parveen and the said marriage is stated to have dissolved in the year 2017. Later on, the said lady is stated to have married one Dilnawaj on 26.7.2019 and the applicants are stated to be the witnesses in the said Nikah.
Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case due to ulterior motive. The applicants have nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that a compromise has been entered into between the said lady and the estranged husband. The applicants are merely the witnesses of the said nikahnama. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. It is further submitted that the applicants have no criminal history. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate with trial.
On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants.
On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicants are entitled to be granted anticipatory bail in this case.
Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.
In the event of arrest of the applicants, Guljar and Rihan, involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicants.
It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 5.12.2022
Siddhant
Digitally signed by SIDDHANT SAHU Date: 2022.12.05 18:11:40 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to anticipatory bail under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Referred¶11
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 · Who else cites this
1 provisions across 1 enactments
Guljar
Rihan
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
