Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19573 of 2021 Applicant :- Akshay Bhadana Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Sri Ankit Srivastava, learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Akshay Bhadana, seeking anticipatory bail in Case Crime No.560 of 2021, under Section -386 I.P.C., Police Station -T.P. Nagar, District -Meerut, during the pendency of trial.
3. While the bail application has been opposed by learned AGA, learned counsel for the applicant submits that the information was received with respect to five persons who were apprehended from the spot. The applicant is not one of them. His name surfaced only in the confessional statement by the co-accused. However, no recovery was made as may be referable to the present applicant. In any case, the ingredients of the offence under Section 386 IPC is not made out as there is no allegation of threat to life.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicant - Akshay Bhadana, involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his 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 applicant shall make himself available for interrogation by a police officer as and when required.
(ii) 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
7. Present application stands disposed of.
Order Date :- 20.12.2021 S.Chaurasia