Allahabad High Court

Anis Ahmad And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 9 September, 2024

Author:
Karunesh Singh Pawar

Bench:
Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Neutral Citation No. - 2024:AHC-LKO:62174

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1828 of 2024

Applicant :- Anis Ahmad And Another

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Counsel for Applicant :- Mohd. Nafeesh Quraishi,Om Prakash Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

The present application under
Section 438
Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.110/2024, under
Sections 498A
/
/
/
/
/
/
IPC and
Section 3
/
of D.P. Act, P.S. Chhapia, District Gonda.

None appears for the applicants however, learned A.G.A. for the State is present.

This Court while granting interim protection vide order dated 13.08.2024 has passed the following order:-

"Heard learned counsel the applicants and learned A.G.A. for the State.

The present bail application under
Section 438
Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 110/2024, under
Sections 498A
/
/
/
/
/
/
IPC and
Section 3
/
of D.P. Act, P.S. Chhapia, District Gonda.

Learned counsel for the applicants submits that applicant no. 1 is husband of the victim and applicant no. 2 is mother-in-law of the victim. It is also submitted that general and sweeping allegations have been leveled in the FIR against all family members of applicant no. 1. The dispute is matrimonial in nature. Co-accused Safi Mohammad against whom allegation of rape was levelled has been granted interim protection vide order dated 03.07.2024. It has been further submitted that there is no allegation of rape on these two applicants.

Learned counsel for the applicants submits that the applicants are not previous convicts; they have no criminal antecedents and they undertake to cooperate in the investigation.

Issue notice to respondent No. 2.

Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.

List on 06.09.2024

On due consideration to the fact that co-accused Safi Mohammad against whom allegation of rape was levelled has been granted interim protection; allegation of rape has not been levelled against the applicants; investigation is going on; the applicants have no previous criminal antecedents and also considering the judgment in
Sushila Aggarwal and others versus State (NCT of Delhi) and another
(2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicants under
Section 438
Cr.P.C.

Till the next date of listing, it is provided that in the event of arrest, the applicants Anis Ahmad and Sunnatun Nisha shall be released on bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

The applicants shall cooperate in the investigation and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court.

In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."

Learned A.G.A. submits that dispute is matrimonial in nature. Applicants have no criminal history. Applicants may be directed to cooperate in the investigation.

Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, applicants are directed to cooperate in the investigation as also the interim protection granted by this Court vide order dated 13.08.2024 is made absolute in view of dictum of Apex Court in re:
Sushila Aggarwal Vs. State (NCT of Delhi
)-2020 SCC online SC 98.

In view of the above, it is provided that in the event of arrest, the applicants-Anis Ahmad and Sunnatun Nisha shall be released on anticipatory bail in the aforesaid Case Crime number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

(1) The applicants shall cooperate in the investigation and they will not influence the witnesses.

(2) The accused-applicants will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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

(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

The application disposed of.

Order Date :- 9.9.2024

Saurabh Yadav/-