AI Structured Summary
Not yet generated for this judgment
Judgment
Subhash Vidyarthi, J
Heard Sri Kunwar Sushant Prakash, the learned counsel for the applicants as well as Sri Anant Pratap Singh, the learned AGA-I for the State and perused the records.
The instant application has been filed by the applicants seeking anticipatory bail in FIR bearing Case Crime No. 628 of 2023, under Sections 498-A, 377, 354, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Thakurganj, District Lucknow.
The aforesaid case has been registered on the basis of an FIR lodged on 13.09.2023 against six persons, including the applicants and their family members stating that the informant had got married to co-accused Mohd. Muzammil (brother of the applicant no. 1 and son of applicant no. 2) on 07.10.2008; that all the accused persons used to harass her for demanding dowry; three children were born out of the wedlock, who are presently aged about 13, 9 & 7 years. The informant was turned out of her matrimonial home on 12.06.2022 and on 18.06.2023, the accused persons forcibly took away her children from her parental house. The FIR has been lodged on 13.09.2023.
In the affidavit filed in support of the application, it has been stated that the applicants are innocent, they have falsely been implicated in the present case and that they have no previous criminal history.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant had got married more than 15 years ago and she has three children, the eldest of whom is aged about 13 years; that as per the FIR allegations, she is residing away from the accused persons since 12.06.2022 and the FIR has been lodged on 13.09.2023 and that the applicants are women having no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicants-(i) Fariya Bano and (ii) Masarrat Jahan before the learned Trial Court in the aforesaid complaint case, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i). That the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted;
(ii). That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). That the applicants shall not pressurize/ intimidate the prosecution witness.