Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17903 of 2021 Applicant :- Arvind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajesh Yadav, learned counsel for the applicant, Sri Abhinav Prasad, learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case due to political rivalry. It is further submitted that it is a no injury case. It is further submitted that the applicant is a student He did not commit any offence as alleged. It is further submitted that he has been implicated in the present due to ulterior motive. The applicant has no criminal antecedent.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Arvind involved in Case Crime No.109 of 2021, under Sections 354, 323, 452 I.P.C., Police Station Paniyara, District Maharajganj, 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 computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.10.2021 Dev/-
Digitally signed by Justice Vivek Kumar Singh Date: 2021.10.25 11:28:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad