Allowed

Sandeep @ Honey Jotwai v. State of U.P.

Allahabad HC11 Oct 2022BAIL/26475/2022

Case brief

AI extract

What is this about?

In a bail application arising from a matrimonial dispute involving cheating and forgery charges, the court considered the applicant's willingness to pay maintenance arrears. The court allowed bail, subject to conditions regarding maintenance payment and conduct.

What did the court decide?

Released on bail subject to personal bond, two sureties, payment of maintenance arrears within three months, and standard conditions against influencing witnesses or tampering with evidence.

Sandeep @ Honey Jotwai Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26475 of 2022 Applicant :- Sandeep @ Honey Jotwani Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Pandey Balkrishna,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.,Rajeev Kumar

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Pandey Balkrishna, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.

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2.Rejoinder affidavit and supplementary affidavit filed today are taken on record.

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3.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 144 of 2021, under Sections 420, 467, 468, 471 IPC, Police Station Shahganj, District Agra.

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4.The aforesaid case has been registered on the basis of an FIR dated 08.04.2021 lodged by the applicant's wife stating that she got married applicant on 17.04.2016; that the applicant and his family members were not satisfied with the dowry given during the marriage and they started harassing the informant; that the applicant and his family members have forcibly left her at her parents' home and she is residing with her parents and that she has filed cases regarding harassment for dowry, domestic violence and maintenance. It is alleged that the applicant has filed an application under Section 127 Cr.P.C. and he has filed fake photographs of the informant and has alleged that she has married one Nakshatra Singh and Sandeep Singh.The photographs of the informant which has been filed by the applicant, has been prepared by editing the face of the applicant on the photograph.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 01.04.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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6.In the affidavit filed in support of the bail application, it has been stated that the applicant's father is suffering from cancer

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and he has to look after his father.

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7.It has further been stated that the informant has filed an application under Section 125 Cr.P.C. and the Court has awarded maintenance of Rs. 2,000/- per month for the informant and Rs. 1,000/- each per month for her two daughters.

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8.Regarding the photographs submitted by the applicant, he has submitted that the photographs had been provided to him by some other person and it has been provided to the Court.

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9.The informant has filed a short counter affidavit, which has been replied by the applicant by filing a rejoinder affidavit.

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10.A supplementary affidavit has been filed by the applicant explaining the applicant's criminal history as per which three cases have been filed by the informant. One case bearing Case Crime No. 22 of 2022 under Section 174-A IPC has been filed by the police and in three other cases, the applicant is not involved.

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11.The learned counsel for the applicant has submitted that to show the bonafide of the applicant, he has already handed over a bank draft of Rs. 1,35,000/- towards 50% arrears of maintenance awarded by the Family Court in favour of the informant and her children and the applicant is ready and willing to pay the balance amount and to continue to pay the monthly amount to the informant as and when it falls due.

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12.The learned counsel for the informant has submitted that the bank draft given by the applicant suffers from an error in the name of the informant.

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13.The learned counsel or the applicant has stated that the applicant is ready to replace the erroneous bank draft with a correct one before the court below at the time of his release.

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14.Having considered the aforesaid facts and submissions and keeping in view the fact that the informant is the applicant's wife; that there is a matrimonial dispute between the parties, which has led to several cases - both civil and criminal, between them; that the applicant has expressed his willingness to pay the entire amount of arrears of maintenance awarded by the Family Court in favour of the informant and that her two daughters to continue to pay the monthly amount of maintenance, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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15.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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16.Let the applicant Sandeep @ Honey Jotwani be released on bail in Case Crime No. 144 of 2021, under Sections 420, 467, 468, 471 IPC, Police Station Shahganj, District Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i)That the informant will return the bank draft containing her wrong description to the applicant by sending it through speed post to the applicant's father and the applicant shall ensure preparation of a bank draft with correct description of the informant namely 'Divya Motwani' and to handover the same to her on or before submission of bail bond before the Trial Court.

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(ii)That the applicant will pay the entire amount of balance of arrears of maintenance within a period of three months from today and he will continue to pay monthly amount of maintenance as and when it falls due.

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(iii)The applicant will not tamper with the evidence during the trial.

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(iv)The applicant will not influence any witness.

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(v)The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv)The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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17.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 11.10.2022/Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.10.13 17:50:34 IST Reason: Location: High Court of Judicature at Allahabad

Sandeep @ Honey Jotwai v. State of U.P.

Case brief

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Sandeep @ Honey Jotwai v. State of U.P.

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