Court No. - 85

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 9631 of 2021

Applicant :- Ajeet

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

Counsel for Applicant :- Vijaya Shankar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Jyotsna Sharma,J.

1. Heard Sri Vijaya Shankar Shukla, learned counsel for the

applicant, Sri O.P. Mishra, learned AGA for the State and

perused the papers on record.

2. The present anticipatory bail application has been filed on

behalf of the applicant in F.I.R./Case Crime No. 0903 of 2018,

under Sections 498A, 323, 504 IPC and Sections 3/4 of Dowry

Prohibition Act, Police Station Kotwali, District Bareilly.

3. As per prosecution story, the applicant, his mother and his

brother used to harass Poonam, the wife of the applicant for

bringing insufficient dowry and that they physically and

mentally tortured her; it is alleged in the FIR that they have

been demanding Rs. 5,00,000/- from Ms. Poonam for repaying

a loan taken by her husband-the present applicant; when she

could not fulfill the demand, they turned her away from her

matrimonial house.

4. It is contended on behalf of the applicant that though there

have been a disagreement between the husband and the wife but

no demand of dowry ever took place and he never tortured his

wife or demanded any money for repayment of loan; it is stated

that a false story has been cooked up for vested interest because

of their strained relations.

5. The application is opposed by learned AGA for the State,

however, it is conceded that there is no medical evidence to

prima facie show that the applicant indulged in physical

voilence.

6. It may be noted that the applicant was granted interim

protection by an order dated 24.05.2021 and that the conditions

imposed by the order were never flouted. There appears no need

for custodial interrogation and the presence of the applicant for

collection of any incriminating material.

7. In view of the above, I find it a fit case to give benefit of

anticipatory bail to the applicant, hence, the anticipatory bail

application of the applicant is allowed.

8. Let the applicant, Ajeet involved in the aforesaid case crime

number be released on anticipatory bail on furnishing a

personal bond with two sureties of the same amount before

the court concerned subject to the conditions as below:-

(i) that the applicant shall make himself available for interrogation by a

police officer as and when required;

(ii) that 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 officer or tamper with the evidence;

(iii) that the applicant shall not leave India without previous permission

of the court;

(iv) that the applicant shall not tamper with the evidence during the

trial;

(v) that the applicant shall not pressurize/ intimidate the prosecution

witness;

(vi) that the applicant shall appear before the trial court on each date

fixed unless personal presence is exempted.

9. In case of breach of any of the above conditions, the court

below shall have the liberty to cancel the bail granted to the

applicant.

10. It is made clear that observations made in granting

anticipatory bail to the applicant shall not in any way affect the

learned trial Judge in forming his independent opinion based on

the testimony of the witnesses.

Order Date :- 5.1.2023

#Vikram/-

Digitally signed by :-

VIKRAM GUPTA

High Court of Judicature at Allahabad