Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39379 of 2019 Applicant :- Akil Ahmad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Shashi Kumar Mishra, learned counsel for the applicants and Sri Mithlesh Kumar, learned A. G. A. appearing for the State and perused the record..
Applicants have moved the present anticipatory bail application seeking bail in Case Crime No.129 of 2019, under Section 420, IPC, and Section 3/4 Public Property Damages (Prevention) Act, Police Station Amapur, District Kasganj.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The contention of the counsel for the applicants is that applicants have been falsely implicated in the present case; that the present FIR has been lodged after seven months of the alleged incident; that the dispute is purely of civil in nature; that the applicant has remedy to file a civil suit for cancelation of sale deed in question; that the investigation is pending as on date; that the matter needs deeper and fairer investigation before any arrest should be given effect to; that the applicants are willing to participate and cooperate with the investigation. Therefore, the applicants may be enlarged on anticipatory bail.
Learned AGA appearing for the State has opposed the prayer for anticipatory bail of the applicants, but could not dispute the aforesaid facts as argued by the counsel for the applicants.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Akil Ahmad and Sattar Khan, involved in the aforesaid case, they shall be released on anticipatory bail 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) 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;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 26.9.2019 VKG