Allahabad High Court

Narendra Dwivedi vs State Of U.P. on 17 September, 2020

Author:
Ramesh Sinha

Bench:
Ramesh Sinha

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4447 of 2020

Applicant :- Narendra Dwivedi

Opposite Party :- State of U.P.

Counsel for Applicant :- Anurag Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Ramesh Sinha,J.

Heard Sri Anurag Dubey, learned counsel for the applicant, Sri Utam Singh, learned counsel for the complainant, Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.

An exemption application has been filed on behalf of the petitioners along with present petition for exempting the filing of certified copy of the F.I.R. as it could not be made available to the petitioners due to COVID-19.

The exemption application is allowed.

The filing of certified copy of the F.I.R. is hereby exempted.

It has been contended by the learned counsel for the applicant that the husband and mother-in-law of the deceased have already been arrested by the police and they are in jail. Applicant is father-in-law of the deceased and the marriage between the deceased and the co-accused - Rahul Dwivedi was solemnized six months back but the deceased was having some relationship with one Kartikey on account of which the dispute arose between the deceased and her husband. Because of that, the applicant has withheld his son namely Rahul Dwivedi from his property movable and immovable and got news publish in the newspaper copy of the same has been annexed at page 43 to the application. It is lastly contended that the applicant has been falsely implicated in the present case. The deceased was died due to antimortem hanging as per postmortem report. The applicant has no other reported criminal antecedent.

Learned counsel for the complainant opposed the prayer for bail and submitted that applicant in pre-planed manner has got the deceased done to death along with his son and his location was also found within the area where the deceased along with her husband was living.

Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicant Narendra Dwivedi involved in Case Crime No 255 of 2020 under
Sections 498A
,
304B
IPC and 3/4
D.P. Act
, Police Station Karnalganj, District Kanpur Shahar, he shall be released on anticipatory bail till the submission of police report, if any, under
section 173 (2)
Cr.P.C. before the competent Court on his 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:-

(i) the applicant shall make himself available for interrogation by a police office as and when required;

(ii) the applicant 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 him from disclosing such facts to the Court or to any police office;

(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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 applicant.

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 prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is 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.

The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 17.9.2020

A. Dewal