Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10203 of 2021 Applicant :- Abhay Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Learned counsel for the applicants and learned A.G.A. for the State are present.
This anticipatory bail application has been given by the applicants Abhay Singh, Kamala Singh, Amar Singh and Arun Singh in Case Crime No. 49 of 2021, under Sections 376, 504, 506 I.P.C., P.S.- Paniyara, District - Maharajganj.
At the outset, learned counsel for the applicant has submitted that he does not press the anticipatory bail application of applicant no. 1 Abhay Singh in respect of whom he will be filing regular bail application before the appropriate forum.
On this submission, anticipatory bail application of applicant no. 1 Abhay Singh is rejected with liberty to him to file bail application before the appropriate forum.
The submission of the learned counsel for the applicants is that the applicant nos. 2, 3 and 4 - Kamala Singh, Amar Singh and Arun Singh have been falsely implicated and they have been assigned the role of simply abusing and threatening to the informant. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence, therefore, applicants are entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail but he has not disputed the aforesaid fact.
In view of the allegations made and the kind of averment in the F.I.R. and the threat perception which is apparent in the F.I.R. as alleged in the bail application, prima-facie a case for anticipatory bail is made out in favour of applicant nos. 2, 3 & 4. Their anticipatory bail application is allowed.
In the event of arrest of the applicants - Kamala Singh, Amar Singh and Arun Singh, involved in the aforesaid case shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicants shall make themselves available for interrogation by a police officer as and when required;
2) 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;
3) The applicants shall not leave India without the previous permission of the court;
4) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
5. In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Order Date :- 28.7.2021 nd