Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9065 of 2021 Applicant :- Aditya Singh Rathore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Mahendra Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicant Aditya Singh Rathore in in Case Crime No. 07 of 2020, under Sections 420, 467, 468, 471, 120B I.P.C., P.S.-
Kanpur Sector (E.O.W), District - Kanpur Nagar.
The F.I.R. dated 18.11.2020 has been registered in respect of incident dated 18.11.2020 taking place around 12.03.1965 to 06.06.2016, with the allegation that the applicant and other co- accused persons by obtaining a false document have grabbed the immovable property of the informant.
Submission of the learned counsel for the applicant is that the F.I.R. is based on false ground and it has been lodged after a great delay, prior to it civil proceedings were initiated from the side of informant and one more F.I.R. was lodged earlier in respect of disputed land civil proceedings took place and the civil proceedings were decided in favour of applicant. Even then, the informant is taking all means to get the applicant arrested and there is real threat of applicant being arrested in this case. It has been also submitted that in same matter Israr Ahmad and Kali Kha @ Mohd. Yaqub @ Kullur Kureshi have been granted anticipatory bail by the coordinate Bench of this Court by the order dated 05.04.2021 in Criminal Misc. Anticipatory Bail Application No. 5305 of 2021. Further submission is that in that order it has been indicated that the applicant has been falsely implicated there exist several civil dispute and all of them have been decided in favour of the applicants, therefore, it has been submitted that a prima facie case for anticipatory bail is made out. It is further submitted that applicant is prepared to furnish sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer of bail but he has not been able to give cogent reply why there is this much of delay in lodging of F.I.R. particularly when civil litigation have been disposed of in respect of same property.
In view of above, I find that prima facie case for anticipatory bail is made out in favour of the applicant. Hence the anticipatory bail application is allowed.
In the event of arrest of the applicant Aditya Singh Rathore, 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 applicant shall make themselves available for interrogation by a police officer as and when required;
2) 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;
3) The applicant 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 applicant.
Order Date :- 28.7.2021 Bhanu