High Court

Heard learned counsel for the applicant, learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 0318 of 2024, under Sections 3/4 of D.P. Act, and Sections 127(2), 115(2), 351(2), 76, 85 of BNS, 2023, Police Station Kadipur, District Sultanpur. From perusal of the order sheet, it appears that on 03.01.2025, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1. Vakalatnama filed by Shri Rahul Kumar Singh Advocate on behalf of the opposite party No.2 taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for complainant and perused the record.

3. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 0318 of 2024 under Sections 3/4 of D.P.Act and Sections 127(2), 115(2), 351(2), 76, 85 of BNS 2023, Police Station- Kadipur, District- Sultanpur.

4. Learned counsel for the applicant submits that the marriage of complainant was solemnized with the brother of applicant on 04.06.2021 and due to some matrimonial dispute between them, the FIR in question was lodged against the applicant and his family members. He has submitted that as per prosecution story, the applicant tried to outrage the modesty of the complainant several times but the FIR in question was lodged on 14.07.2024. In the FIR it has also been mentioned that clothes of the victim were torn by the applicant but any clothes were not provided to the Investigating Officer. He has further submitted that the husband of the victim and mother in law have already been enlarged on interim anticipatory bail vide orders dated 10.12.2024 and 21.11.2024 passed in Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.206 of 2024 and Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.150 of 2024, respectively, therefore, the applicant is also entitled for anticipatory bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

5. Learned A.G.A. as well as learned counsel for complainant have opposed the prayer for bail and submits that active involvement of the applicant is found in the crime in question but they do not dispute the fact that the mediation is going on in pursuance of the directions of the order passed by the writ court.

6. Considering submissions of learned counsel for the parties and going through the contents of the FIR as well as other relevant documents including the bail orders passed by this Court, it is evident that genesis of this case is a matrimonial dispute therefore, this Court is of the view that the applicant is entitled for anticipatory bail and in case he is taken into custody by the police officials, he shall be released on anticipatory bail forthwith after furnishing personal bond of Rs. 50,000 and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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 officer or tamper with the evidence. (iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

7. List along with Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.206 of 2024 and Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.150 of 2024." From perusal of record, it transpires that learned State Counsel has not filed counter affidavit in the matter. Learned State Counsel, on the basis of instructions, has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ajaya Kumar Yadav till disposal of the trial subject to the following conditions:- (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 the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 18.2.2025 kkv/

Heard learned counsel for the applicant, learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 0318 of 2024, under Sections 3/4 of D.P. Act, and Sections 127(2), 115(2), 351(2), 76, 85 of BNS, 2023, Police Station Kadipur, District Sultanpur. From perusal of the order sheet, it appears that on 03.01.2025, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1. Vakalatnama filed by Shri Rahul Kumar Singh Advocate on behalf of the opposite party No.2 taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for complainant and perused the record.

3. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 0318 of 2024 under Sections 3/4 of D.P.Act and Sections 127(2), 115(2), 351(2), 76, 85 of BNS 2023, Police Station- Kadipur, District- Sultanpur.

4. Learned counsel for the applicant submits that the marriage of complainant was solemnized with the brother of applicant on 04.06.2021 and due to some matrimonial dispute between them, the FIR in question was lodged against the applicant and his family members. He has submitted that as per prosecution story, the applicant tried to outrage the modesty of the complainant several times but the FIR in question was lodged on 14.07.2024. In the FIR it has also been mentioned that clothes of the victim were torn by the applicant but any clothes were not provided to the Investigating Officer. He has further submitted that the husband of the victim and mother in law have already been enlarged on interim anticipatory bail vide orders dated 10.12.2024 and 21.11.2024 passed in Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.206 of 2024 and Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.150 of 2024, respectively, therefore, the applicant is also entitled for anticipatory bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

5. Learned A.G.A. as well as learned counsel for complainant have opposed the prayer for bail and submits that active involvement of the applicant is found in the crime in question but they do not dispute the fact that the mediation is going on in pursuance of the directions of the order passed by the writ court.

6. Considering submissions of learned counsel for the parties and going through the contents of the FIR as well as other relevant documents including the bail orders passed by this Court, it is evident that genesis of this case is a matrimonial dispute therefore, this Court is of the view that the applicant is entitled for anticipatory bail and in case he is taken into custody by the police officials, he shall be released on anticipatory bail forthwith after furnishing personal bond of Rs. 50,000 and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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 officer or tamper with the evidence. (iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

7. List along with Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.206 of 2024 and Criminal Misc Anticipatory Bail Application under Section 482 BNSS No.150 of 2024." From perusal of record, it transpires that learned State Counsel has not filed counter affidavit in the matter. Learned State Counsel, on the basis of instructions, has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ajaya Kumar Yadav till disposal of the trial subject to the following conditions:- (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 the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 18.2.2025 kkv/