Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17036 of 2021 Applicant :- Adalat Ram And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Neeraj Kumar Srivastava,Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicants, is taken on record.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicants that they are innocent and have been falsely implicated in the present case. It is next contended that the real facts is that applicants have not committed the alleged incident, actually on the alleged date the informant and his associates came at the house of applicants with pre-planned manner and started to grab the abadi land of applicants by digging the foundation when applicants raised objection then they was very getting annoyed and in furtherance of the same the informant and his associates attacked resulted that Parasnath and Kapil Dev received severe head injury, the said fact has been mentioned in para 12 to the affidavit filed in support of bail application. The applicants have no criminal antecedent.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedent, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Adalat Ram, Kapil Dev and Rahul involved in Case Crime No. 0128 of 2021, under Sections 308, 323, 504, 506 IPC, Police Station Chunar, District Mirzapur, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) 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 them from disclosing such facts to the Court or to any police office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 20.12.2021 Arti