Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12487 of 2021 Applicant :- Ajay Kumar Sharma And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 1778 of 2018, under Section - 409 I.P.C., Police Station - Baradari, District - Bareilly.
Contention, in brief, is that similarly circumstanced other co- accused- Dev Murti and others have already been granted anticipatory bail by co-ordinate Bench of this Court, vide order dated 2.6.2021 in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 10759 of 2021 (Dev Murti and 7 others vs. State of U.P. and 2 Others). The case of the present applicants are identical to that of co-accused, who have already been admitted to bail by the co-ordinate Bench of this Court. In case, the applicants are granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicants.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicants and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on interim anticipatory bail in this case, at this stage.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicants - Ajay Kumar Sharma, Pankaj Agarwal and Suresh Pal involved in the aforesaid case crime, they shall be released on interim anticipatory bail during investigation on their furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the court.
(iv) 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.
Order Date :- 28.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:43:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad