Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15681 of 2021 Applicant :- Balram Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.,Santosh Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. In absence of any objection to the true copy of the FIR, defect is being cured.
2. List revised. None appears for the informant whereas Sri Subedar Mishra, learned counsel for the applicant and Sri Janardhan Prakash, learned A.G.A for the State.
3. This anticipatory bail application has been filed on behalf of the applicant - Balram Sharma, seeking anticipatory bail in Case Crime No. 379 of 2021, under Sections 147, 452, 323, 504, 506, 386, 427 I.P.C., Police Station- Govardhan, District Mathura.
4. At the outset, learned counsel for the applicant states that the co-accused Priti Sharma and Sanjay, against whom similar allegations have been made, have already been enlarged on anticipatory bail and interim anticipatory bail in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. Nos. 18628 of 2021 and 16053 of 2021, vide orders dated 4.12.2021 and 6.12.2021 respectively.
5. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
6. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.
7. In the event of arrest of the applicant - Balram Sharma, involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, 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 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
8. Present application stands disposed of.
Order Date :- 23.12.2021 Prakhar