Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13909 of 2021 Applicant :- Ashish Kumar And Another Opposite Party :- State Of U.P And Others Counsel for Applicant :- P.K. Singh,Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Vakalatnama filed by Sri Abrar Alam, Advocate on behalf of the informant is taken on record.
Heard learned counsel for the applicants, Sri Abrar Alam, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 186 of 2021, under Section - 384 I.P.C. and Section - 7/13 Prevention of Corruption Act, Police Station - Najibabad, District - Bijnor, during the pendency of trial.
Contention, in brief, is that the applicants are innocent and have been falsely implicated in this case. It so happened that some barrier was put across the road and money was being demanded from the passengers, who were crossing the road. However, it is case of the applicants that the applicants were not present on the spot and were never involved in any active participation in the incident in question. Only they being the Constables posted at the police station concerned, where the incident in question took place, their names have been deliberately dragged in this case. Similarly circumstanced another co-accused - Satya Prakash Singh has already been granted anticipatory bail by co- ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 9536 of 2021 on 25.5.2021. In case the applicants are granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Sri Abrar Alam, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for granting anticipatory bail to the accused applicants.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicants and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on interim anticipatory bail in this case, at this stage.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicants - Ashish Kumar and Jafaruddin involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicants shall make themselves available for interrogation by a police officer as and when required.
(ii) The applicants 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 officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 29.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:52:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad