Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40367 of 2019 Applicant :- Ambika Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Sri Anand Kumar Singh, Advocate has filed his appearance on behalf of the complainant.
Heard learned counsel for the applicant, Sri Rajesh Mishra learned A. G.
A. for the State and Sri Anand Kumar Singh, learned counsel for the complainant.
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No. 0157 of 2019 u/s 381 IPC PS Chatganj District Varanasi.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; initially the applicant was not named in the FIR, however subsequently his name has cropped up; the applicant is willing to participate and cooperate with the investigation and the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA and learned counsel for the complainant have opposed the prayer for anticipatory bail of the applicant.
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 applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Ambika Singh involved in the aforesaid case, he shall be released on anticipatory bail 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 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 applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) 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 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 applicant.
Order Date :- 27.9.2019 SP