Allowed

Km. Rehana @ Riya and 3 Others v. State of U.P.

Allahabad HC19 Jan 2023ABAIL/2832/2021

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by four applicants charged with dowry-related offenses and cruelty. The court directed the release of the applicants on bail subject to personal bonds of Rs. 50,000 each with two sureties and specific conditions to ensure availability for interrogation and prevent witness tampering.

What did the court decide?

Applicants released on anticipatory bail subject to personal bonds of Rs. 50,000/- each with two sureties and compliance with specified conditions.

Km. Rehana @ Riya and 3 Others Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2832 of 2021

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Applicant :- Km. Rehana @ Riya And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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List revised. No one has appeared on behalf of the applicants to press this application. Mr. K.P. Pathak, learned A.G.A. for the State is present.

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The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.362 of 2020, under Sections 498A, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Sadar Bazar, DistrictShahjahanpur, with the prayer that in the event of arrest, applicants may be released on anticipatory bail.

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On 12.02.2021, the following order was passed:-

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"Implication of the applicants under the alleged offences appears to be on account of matrimonial dispute.

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Learned counsel for the applicants has submitted that the allegations made are absolutely false.

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They have been made for ulterior motives and to pressurize the applicants.

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Counsel for the applicants is permitted to implead the informant as opposite party no. 2.

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Before passing final order, the Court considers it appropriate to hear the opposite party no. 2.

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Issue notice to opposite party no. 2, returnable within four weeks.

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List this case on 16.04.2021.

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In the meantime, learned A.G.A. may file counter affidavit.

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Till then, in case of their arrest, the applicants, Km. Rehana @ Riya, Siraj Ahmed, Bano and Israr, shall be enlarged on interim anticipatory bail in Case Crime No. 362 of 2020, under Sections- 498-A, 504, 506 I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Sadar Bazar, DistrictShahjahanpur, 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;

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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 from disclosing such facts to the Court or to any police office;

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(iii) The applicants shall not leave India 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;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad;

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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 is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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The Investigating Officer will continue with the investigation 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.S.P concerned by the applicants who shall ensure compliance of this order after due verification from official website of this court.''

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On the basis of instructions learned A.G.A. submits that dispute is matrimonial in nature wherein entire family of the husband has been roped with false and frivolous allegations. He further submits that charge sheet has been submitted in this matter. He further submits that applicants have always cooperated in the investigation and have not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 12.02.2021.

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On due consideration to the arguments advanced by learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In view of the above, the anticipatory bail application of the applicants is allowed .

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Let the accused-applicants- Km. Rehana @ Riya, Siraj Ahmed, Bano and Israr be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/Court concerned with the following conditions:-

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

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(ii). that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;

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

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(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;

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(v). that the applicants shall not pressurize/ intimidate the prosecution witness;

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(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 19.1.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Km. Rehana @ Riya and 3 Others v. State of U.P.

Case brief

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Km. Rehana @ Riya and 3 Others v. State of U.P.

Case brief

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