Heard Shri Krishan Mohan Mishra, learned counsel for the applicant and learned A.G.A for the State.
This anticipatory bail application has been filed on behalf of the applicants Beeresh Singh seeking anticipatory bail in case crime no. 349 of 2019, under Sections 419, 420, 274, 275 I.P.C and Section 18/27 of Drugs and Cosmetics Act, Police Station Sirsaganj, District Firozabad, during pendency of trial.
Learned counsel for the applicant submits that applicant has apprehension that the police may apprehend him in the aforesaid case. According to the F.I.R version, the incident took place on 12.07.2019 and police party had raided on the house from where the co-accused Satya Prakash was arrested who confessed before the police that he prepares oxytocin injection and says that the applicant supplies oxytocin injection to him and he adulterates it. The police has recovered 6150 injections. The applicant is not involved in any adulteration of the drug. In the F.I.R Tinku has been named but the name of the applicant is Beeresh Singh and on the basis of mis-identity, the police is trying to arrest the applicant. The charge sheet has been filed against the co-accused and investigation against the applicant is pending. The applicant having no criminal antecedent and will abide all the conditions imposed by this Court.
Learned A.G.A opposed the contentions made by the learned counsel for the applicant and contended that the applicant is Tinku himself which is his alias name and this fact is being verified by the Investigating Officer of this case.
In view of the allegations made in the F.I.R itself, role of applicant is shown to provide injection to the co-accused Satya Prakash, no role has been assigned to the applicant that he has adulterated the drug of the injection.
In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
In the event of arrest of the applicants- Beeresh Singh, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the court 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 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(v) The applicant is directed to co-operate in the trial and in case of non-cooperation the trial court is at liberty to cancel the bail of the applicants without any reference to this Court.
Present application is disposed of.
Order Date :- 26.8.2021 PS