Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30576 of 2019 Applicant :- Ankur @ Himanshu Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ved Prakash Shukla,Parvesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri R.P. Srivastava has filed vakaltnama on behalf of complainant- opposite party no. 3 which is taken on record.
Heard Sri P.K. Pandey, learned counsel for the applicant, Sri R.P. Srivastava, learned counsel for the complainant-opposite party no. 3, Sri R.L. Dwivedi, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant as per the high school certificate copy of which is annexed at page-22 of the present petition, is minor aged about 15 years. He submits that though the victim has sustained 13 injuries on his person but there appears to be other accused persons said to be involved in the present case, i.e., the father of the applicant, Pradhan of the village and some other persons. The applicant has been falsely implicated in the present case only on account of the fact that his father, who is a supporter of the Pradhan of the village, is involved in the present case. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant-opposite party no. 3 and learned A.G.A. opposed the prayer for bail and submitted that all the accused persons including the applicant have been assigned the role of causing injuries to the injured but could not dispute the fact that the applicant is a juvenile.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents and the fact that the applicant is minor, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Ankur @ Himanshu Singh involved in case crime no. 57 of 2019 under sections 147, 148, 323, 504, 506, 308 I.P.C., police station Dubauliya, District Basti, 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. 50,000/- 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 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.
It is made clear that the case of applicant is distinguishable from other co-accused persons and the same shall not be claimed as parity by them.
Order Date :- 30.7.2019 Shiraz