Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17297 of 2021 Applicant :- Brijesh Opposite Party :- State of U.P.
Counsel for Applicant :- Anadi Krishna Narayana,Neeharika Sinha Narayana Counsel for Opposite Party :- G.A.,Ajay Kumar Vashistha
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of opposite party, is taken on record.
Heard learned counsel for the applicant, learned counsel for opposite party, learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case on account of village Party bandi. There is no independent witness of the alleged incident. There are contradictions between the statement of victim recorded u/s 161 and 164 Cr.P.C. The applicant has not committed any offence as stated by prosecution. It is further submitted that applicant is a young boy aged about 19 years and falsely roped in the present case on account of a dispute pertaining to repayment of a loan given by the deponent to the father of the alleged victim, the said fact has been mentioned in para 11 to the affidavit filed in support of bail application. The applicant has no criminal antecedent.
Learned A.G.A. as well as learned counsel for the opposite party opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Brijesh involved in Case Crime No. 284 of 2021, under Sections 323, 504, 506, 376 IPC and 7,8 POCSO Act, Police Station Dholna, District Kasganj, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his 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 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 office;
(iii) the applicant shall not leave India without 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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 17.12.2021 Arti