Allahabad High Court

Shivam Tomar vs State Of U.P. And Another on 10 September, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Neutral Citation No. - 2024:AHC:147469

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6070 of 2024

Applicant :- Shivam Tomar

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Amit Rai,Noor Muhammad,Yogesh Kumar Srivastava

Counsel for Opposite Party :- G.A.,Vishwanath Pandey

along with

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6339 of 2024

Applicant :- Birkaran Singh And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Amit Rai,Noor Muhammad,Yogesh Kumar Srivastava

Counsel for Opposite Party :- G.A.,Vishwanath Pandey

Hon'ble Vikram D. Chauhan,J.

1. Heard learned counsel for the applicants, learned counsel for the informant, as well as, learned AGA and perused the material available on record.

2. The Anticipatory Bail Application No.6070 of 2024 has been filed with the prayer to grant anticipatory bail to the applicant - Shivam Tomar in Case Crime No. 238 of 2023 under
Sections 498A
,
,
,
,
,
IPC and
Section 3
/
of D.P. Act, Police Station - Dankaur, District - Gautambudh Nagar.

2-A. The Anticipatory Bail Application No.6339 of 2024 has been filed with the prayer to grant anticipatory bail to the applicants - Birkaran Singh and Smt. Rajesh Devi in Case Crime No. 238 of 2023 under
Sections 498A
,
,
,
,
,
IPC and
Section 3
/
of D.P. Act, Police Station - Dankaur, District - Gautambuddh Nagar.

3. Learned counsel for the applicants, as well as, learned counsel for the informant after obtaining instructions from their respective clients have come to a consensus that both the parties would file divorce by mutual consent subject to the permanent alimony being fixed by the family court. However, both the parties are agreed on interim maintenance.

4. In view thereof, it is provided that applicants will pay Rs. 5,000/- per month as an interim maintenance to the wife. The aforesaid amount shall be paid from 01.09.2024 and the amount would be paid in first week of every month in the bank account of the wife by online transfer or by way of the demand draft. Counsel for the informant will provide details of bank account of the wife to the counsel for the applicants.

5. As has been agreed by the respective parties the divorce petition by mutual consent would be filed within one month from today by the respective parties. In the event, divorce petition by mutual consent is filed before the family court, the family court shall decided the question of permanent alimony as both the parties are not at consent in respect of permanent alimony. The divorce petition by mutual consent filed by the parties shall be decided by the family court within six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties.

6. It is made clear that interim maintenance fixed by this Court shall be paid regularly by the applicants to the wife and in the event the same is not paid, it would be the duty of the family court to enforce the same and ensure that the amount is paid.

7. Learned A.G.A. does not dispute the factual matrix of the case.

8. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicants. The applicants have no criminal history.

9. In view of the above, the applicants-Shivam Tomar, Birkaran Singh and Smt. Rajesh Devi are granted anticipatory bail in respect of offence described in para-2 and para-2A, respectively, of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicants shall make themselves available for interrogation by a police office as and when required.

(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 them from disclosing such facts to the Court or to any police office.

(iii) The applicants shall not leave India without the previous permission of the Court concerned.

(iv) In the event, applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing.

(v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required.

(vi) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

(vii) The applicants shall maintain law and order.

(viii) The applicants shall at the time of execution of the bond, furnish their address and mobile number to investigating officer, and the court concerned.

(ix) The applicants shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.

(x) Non presence of the applicants or their counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.

10. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicants.

11. With the directions made above, the anticipatory bail application stands allowed.

Order Date :- 10.9.2024

S.Prakash