Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18679 of 2021 Applicant :- Amjad Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Ojha Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 625 of 2021, under section 392 IPC, Police Station- Sardhana, District- Meerut.
Facts in brief are that on 13.9.2021 in the night Mahindra Tractor was looted by some unknown persons along with Rs. 5500/- and trolly loaded with wheat was left on the road. F.I.R. was lodged on the same day in the night. During investigation, co-accused Mukarram and Javed were arrested by the police and from their possession two tractors were recovered. They stated about the involvement of applicant who assisted them in selling the tractor.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. Applicant was not named in the F.I.R. His name was brought into light on the basis of confessional statement of co- accused. There is no criminal history against the applicant. Further submitted that F.I.R. was lodged against unknown persons which is false and concocted. Alleged tractors have been recovered from the possession of co-accused persons. Nothing was recovered from the possession of applicant. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail and urged that the name of applicant has been disclosed by other co- accused persons from whose possession stolen tractors were recovered. Applicant assisted in selling the stolen tractors, therefore, he is not entitled for anticipatory bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Amjad Ali shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on 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 office 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 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.
Order Date :- 22.12.2021 A. Singh