Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9082 of 2021 Applicant :- Atvir Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for interim anticipatory bail on behalf of the applicant, Atvir Singh, in connection with Case Crime No.55 of 2021, under Section 452, 323, 506, 308 IPC, Police Station Anoopshahr, District Bulandshahr.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that there are general allegations of assault against all the four accused including the applicant with no specific role being assigned to the applicant. It is submitted that the applicant has no criminal history and is a respectable man. He has apprehension of arrest in the present crime by the police, whereas there is no possibility of the applicant fleeing from justice. It is pointed out that co-accused Prempal has been admitted to the anticipatory bail by this Court vide order dated 12.05.2021 passed in Criminal Misc. Anticipatory Bail Application under Section 438 No.8976 of 2021, entitling the applicant to the same protection. It is also urged that in case the applicant is released on anticipatory bail, he will not misuse the liberty. It is also submitted that apprehension and custodial detention in the prevalent circumstances of the COVID-19 pandemic, would lead the applicants to be exposed to the mortal risk of catching the deadly infection.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Senior Superintendent of Police, Bulandshahr, returnable within the same period of time.
Considering the submission made by learned counsel for the applicant, the emergent situation and risk due to the Covid-19 pandemic, the nature and gravity of the accusation and the fact that the applicant has no criminal antecedent, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
List this application for orders on 14.06.2021.
Meanwhile, in the event of arrest, the applicant Atvir Singh, shall be released on interim anticipatory bail in Case Crime No.55 of 2021, under Section 452, 323, 506, 308 IPC, Police Station Anoopshahr, District Bulandshahr, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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.
(2) The applicant will not leave India with 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.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
at liberty to file appropriate application for cancellation of anticipatory bail granted to 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 :- 13.5.2021 NSC