Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16861 of 2021 Applicant :- Akash And 2 Other Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved on behalf of the applicants Akash, Vikas and Sureshpal seeking bail in Case Crime No. 503 of 2020, under Sections 147, 148, 323, 504, 506, 354 and 427 IPC P.S. Muradnagar / Bapudham, District Ghaziabad, with the prayer that in the event of arrest, applicants may be released on bail.
It has been argued by the learned counsel for the applicants that there was some dispute in between the informant and accused Akash after that first information report has been lodged on the basis of an application under section 156(3) Cr.P.C. There is no medical report to show that any injury was sustained by the injured. The applicants have no criminal history to their credit. They have apprehension of their being arrested, so prayer for bail is made. It has further been argued that the co-accused Monu @ Deepak and Suresh have already been released on bail by a coordinate bench of this court. He has also drawn attention of the court towards the statements under sections 161 and 164 Cr.P.C. of the informant and the statements of injured and his wife wherein it has come that the injury was not of such nature that medical could be done and it is also mentioned therein that there was minor dispute between the parties. It is also alleged that the alleged injured is a drunkard person and when he is checked from his activities, his sister uses to file such type of reports.
Learned A.G.A. has opposed the application for anticipatory bail and argued that the applicants are named in the first information report, therefore, they are not entitled for bail.
Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no possibility of fleeing from justice, without expressing any opinion on merit of the case, applicants are entitled to be released on anticipatory bail in this case.
The anticipatory bail application is allowed.
In the event of arrest of the applicants -Akash, Vikas and Sureshpal involved in the aforesaid case, they may be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- 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 him 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 17.12.2021 Gss