Partly allowed

Yashveer and Anothers v. State of U.P.

Allahabad HC30 Aug 2024ABAIL/8274/2024

Case brief

AI extract

What is this about?

The Court considered an anticipatory bail application arising from matrimonial discord. It directed the matter to the Mediation Centre, granted interim anticipatory bail subject to conditions, and directed the IO to conclude investigation within three months. Disposition is grant of interim relief with mediation direction.

What did the court decide?

Interim anticipatory bail granted; matter remitted to Mediation Centre; investigation directed to conclude within three months.

Yashveer and Anothers vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8274 of 2024

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Applicant :- Yashveer And Anothers Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- Anand Pati Tiwari,G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicants, Sri Anand Pati Tiwari, counsel for the informant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No.231 of 2024, under Sections 498-A, 323, 506, 307, 313 I.P.C. & section 3/4 D.P. Act, Police Station- Hapur Dehat, DistrictHapur.

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At the outset, counsel for the applicants and counsel for the informant state that the dispute arises out of matrimonial discord between the co-accused Himanshu and the informant/victim. There is fair possibility of settlement between the parties, therefore, the matter may be referred to the Mediation and Conciliation Centre of this court.

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Learned A.G.A. for the State states that he has no objection, if the matter is referred for mediation. He submits that investigation is pending against the applicants.

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Considering the submission made by learned counsel for the parties, the applicants are directed to deposit a sum of Rs.30,000/within two weeks from today with the Mediation Centre of this Court out of which Rs.25,000/-shall be paid to the informant by way of expenses for her appearance before the Mediation Centre and Rs.5,000/- shall be retained by the Mediation Centre as mediation fee.

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The matter is remitted to the Mediation Centre with the direction that after deposit of such amount by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three

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months from today.

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Thereafter the case shall be listed on 9.12.2024 before the appropriate Bench along with the report of Mediation Centre.

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Till the next date of listing, in the event of arrest, the applicants Yashveer and Geeta be released on interim anticipatory bail in the aforesaid case crime on furnishing a personal bond of Rs.50,000/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:-

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(i) the applicants shall appear before the Mediation and Conciliation Centre of this Court on the dates fixed;

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

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(iii) 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;

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(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.

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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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicants are directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Order Date :- 4.9.2024 Neeraj

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Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

Yashveer and Anothers v. State of U.P.

Case brief

What is this about?

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Yashveer and Anothers v. State of U.P.

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