Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33244 of 2019 Applicant :- Annu @ Anurag Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Narendra Kumar, learned counsel for the applicant, 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 was neither arrested on the spot nor any recovery of illicit liquor has been effected from him. It is further submitted that the miscreants while fleeing away and leaving behind 408 cartoons of liquor on the spot had allegedly fired towards police party but no one sustained any injury. 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.
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, Annu @ Anurag involved in Case Crime No. 307 of 2019 under Sections 307, 414, 420 I.P.C. and 60/72 of Excise Act, Police Station Kurrah District Mainpuri, 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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.8.2019 MN/-