Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40673 of 2019 Applicant :- Ashok Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamal Dev Singh Chanchal Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Kamal Dev Singh Chanchal, learned counsel for the applicant and Sri V. K. Pandey, learned AGA appearing for the State and perused the record.
The present anticipatory bail application has moved by the applicant seeking bail in Case Crime No.109 of 2019, under Sections 147, 148, 323, 504, 506, 452, 354-A, IPC, Police Station Nevadhiya, District Jaunpur.
I have perused the prosecution story as set up in the FIR and also the anticipatory bail rejection order.
The contention of the counsel for the applicant that the applicant has been falsely implicated in the present case; that the seven co-accused persons have already been granted anticipatory bail by another Bench of this Court, copy of the anticipatory bail order dated 20.08.2019, passed by another Bench of this Court in Criminal Misc. Bail Application No. 32484 of 2019 has been produced by the counsel for the applicant, is taken on record; that the role of applicant is similar to that of co-accused persons. Therefore the applicant is also entitled to be enlarged on anticipatory bail on the ground of parity.
Learned AGA appearing for the State has opposed the prayer for anticipatory bail of the applicants, but could not dispute the aforesaid facts as argued by the counsel for the applicants.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Ashok Kumar and Phoolchand, involved in the aforesaid case, they shall be released on anticipatory bail on their 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 applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) 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 them from disclosing such facts to the Court or to any police office;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 30.9.2019 VKG