Jaipal Singh and 3 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:57394

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2435 of 2025

Applicant :- Jaipal Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Rana Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicants, Sri Raj Shekhar Srivastava, learned A.G.A. for the State and perused the material placed on record.

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The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 460 of 2023, under Sections 498-A, 323, 307, 506 I.P.C., Police Station Loni, District Ghaziabad.

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Learned counsel for the applicants submits that the applicant no.1 is the fatherin-law, applicant no.2 is the mother-in-law and applicant nos. 3 and 4 are the sisters-in-law (nand) of the victim and have been falsely implicated in the present case. A matrimonial dispute exists between the co-accused, Paras (husband) and the daughter of the informant. As per the medical report dated 12.01.2023, the injured sustained four injuries. The said injuries were found simple in nature. The nature of injuries shows that there was no intent to murder. The husband of the victim, Paras has been granted regular bail by Special Judge (POCSO Act)/ Additional Sessions Judge, Ghaziabad vide order dated 18.02.2025 passed in First Bail Application No. 749 of 2025 (Paras vs. State of U.P.). It is next contended that after investigation final report was submitted in favour of the applicant on 30.11.2023. Thereafter, on the orders of the Senior Superintendent of Police (S.S.P.), Ghaziabad, further investigation was directed. Again final report was submitted. Thereafter, again further investigation has been directed. The investigation is still pending. The applicants have no criminal antecedents. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicants and the fact that the a matrimonial dispute exists between the co-accused, Paras (husband) and the

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daughter of the informant, the injuries sustained by the victim were found simple in nature, the fact that the husband of the victim, Paras has been granted regular bail by Special Judge (POCSO Act)/ Additional Sessions Judge, Ghaziabad, at this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicants- Jaipal Singh, Smt. Kamla Devi @ Smt. Kamlesh, Smt. Prabha and Smt. Kiran be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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 make themselves available for interrogation by a 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 officer;

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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 Police Commissioner 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 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 applicants.

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The applicants are directed to produce a 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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The application stands disposed of.

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Order Date :- 18.4.2025 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Jaipal Singh and 3 Others v. State of U.P. and Another

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Jaipal Singh and 3 Others v. State of U.P. and Another

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