Advocates:
['ANKIT SRIVASTAVA', '', 'ANUBHA GUPTA', 'G A']

Court No. - 80

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 1777 of 2022

Applicant :- Kuljit Singh

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

Counsel for Applicant :- Ankit

Srivastava,Anubha Gupta

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned

Additional Government Advocate for the State of

U.P., and perused the record.

This Criminal Misc. Anticipatory Bail Application

under section 438 Cr.P.C. has been moved by the

applicant after rejecting his anticipatory bail

application by the order dated 18.1.2022 passed

by Session Judge, Bulandshahr, seeking

Anticipatory Bail in Case Crime No. 593 of 2021

under Sections 498-A, 323, 504, 506 I.P.C. and

Sections 3/4 D.P. Act, Police Station Anup Shahr,

District Bulandshahr.

As per the prosecution case, in brief, the marriage

of the opposite party no. 2 was solemnized with

the present applicant on 19.11.2017 but their

marriage was not successful and the opposite

party no. 2 on account of torture in her

matrimonial home, moved an application under

Section 156 (3) Cr.P.C. on 21.9.2021 with regard to

an incident alleged to have taken place on

19.3.2018. The said application was allowed

directing the police to register an F.I.R. in the

matter and thereafter the present F.I.R. has been

lodged on 28.9.2021.

Learned counsel for the applicant has submitted

that it is a matrimonial dispute between the

parties concerned. Applicant is husband of the

opposite party no. 2. There is huge delay in

moving an application under Section 156(3) Cr.P.C.

against the applicant and other co-accused

persons by the opposite party no. 2 without any

cogent explanation. It is next submitted that the

applicant and other co-accused persons have been

falsely implicated in this case by making general

allegations against them. It is next submitted that

the impugned F.I.R. has been lodged with a view to

extract illegal money from the applicant and other

co-accused persons of this case in fact, no such

incident took place, as alleged by the opposite

party no. 2 in the F.I.R. It is also pointed out that

co-accused Smt. Harvindar Kaur, Bhajan Singh and

Manindar Singh have already been granted

anticipatory bail vide orders dated 5.3.2022,

9.3.2022 and 16.3.2022 passed in Criminal Misc.

Anticipatory Bail U/s 438 Nos. 1556 of 2022, 1292

of 2022 and 1510 of 2022, respectively. Applicant

has no criminal history to his credit. He has

apprehension of imminent arrest. Lastly, it is

submitted that in case, applicant is released on

bail, he would not misuse the liberty and would

cooperate with the investigation.

Learned Additional Government Advocate, who has

accepted notice of this case on behalf of State of

U.P. on 27.1.2022 has opposed the prayer for

granting anticipatory bail to the applicant but he

could not dispute the anticipatory bail orders of

co-accused.

Looking to the facts of the case, reasonable

apprehension of arrest, taking into consideration

the gravity and nature of accusation, there being

no criminal antecedents of the applicant and there

being no possibility of 昀氀eeing from justice, the

applicant is entitled to be released on anticipatory

bail in this case.

In the event of arrest of the applicant- Kuljit

Singh involved in the aforesaid case shall be

released on anticipatory bail on his furnishing a

personal bond of Rs.25,000/- with two sureties

each in the like amount to the satisfaction of the

Station House O昀케cer of the police station

concerned till the submission of police report, if

any, under section 173(2) Cr.P.C. with the following

conditions :-

1) The applicant shall make himself available for

interrogation by a police o昀케cer as and when

required.

2) The applicant shall not, directly or indirectly

make any inducement, threa