Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34328 of 2019 Applicant :- Alok Jaiswal Opposite Party :- State Of Up Counsel for Applicant :- Abhijeet Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Abhijeet Pratap Singh, learned counsel for the applicant and Sri Patanjali Mishra, learned AGA appearing for the State.
It has been contended by the counsel for the applicant that the applicant has been falsely implicated in the present case solely on the basis of the statements of the driver of the vehicle and the persons who were unloaded the truck in question, in the police custody; that the said Godam where it is said that the said truck was being unloaded was not belong to the applicant and same is belong to Gram Pradhan; that it has been categorically mentioned that he does not owned any Godam whatsoever, as mentioned in paragraph no.5 of the affidavit field in support of the bail application; much reliance has been placed on the averments made in paragraph no.7 of the affidavit field in support of the bail application and thus it has been contended that the applicant has been falsely implicated in the present case, on the basis of the statements of the driver of the vehicle and the persons who were unloaded the truck in question; that the applicant is also not the owner of the truck in question. The applicant has no criminal antecedent to his credit. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
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 and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Alok Jaiswal involved in Case Crime No.0236 of 2019 under Sections 419, 420, 467, 468, 471, 272, 273, I.P.C., and Section 60/63 of the U.P. Excise Act, Police Station Ghosi, District Mau, he shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on his 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 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.8.2019/VKG