Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40390 of 2019 Applicant :- Chandresh Kumar Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwakar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri A.P.Singh, learned counsel for informant and Sri Bade Lal Bind, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that the FIR was lodged with regard to a sale deed which was executed in the year 2012. It is next contended that applicant is practising lawyer at Machhali Shahar, Distrcit Jaunpur. It is also contended that applicant is neither a vendor, nor a vendee nor a marginal witness to the sale deed nor is he even scribe of the said document and has been falsely implicated on the basis of some false assumption. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Chandresh Kumar Tiwari involved in Case Crime No. 276 of 2019 under Section 419, 420, 467, 468, 471, 506 I.P.C., Police Station Machhali Shahar, District Jaunpur, he shall be released on anticipatory bail 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 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 applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) 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 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 applicant.
Order Date :- 27.9.2019 Ujjawal