Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19817 of 2021 Applicant :- Devi Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Devendra Kumar, learned counsel for the applicant and Sri Ankit Srivastava, learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Devi Singh, seeking anticipatory bail in Case Crime No.058 of 2021, under Sections -420, 467, 468, 471 and 120B I.P.C., Police Station -Barsana, District -Mathura, during the pendency of trial.
3. At the outset, it is stated that the applicant is a bonafide purchaser for valuable consideration. He has been falsely implicated in the occurrence. Certain civil dispute is also stated to be pending with respect to the property in question. In any case, the co-accused Keshav Dev, who is the vendor, has already been enlarged on anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application No.13454 of 2021 vide order dated 27.07.2021.
4. 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.
5. 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.
6. In the event of arrest of the applicant - Devi Singh, 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.
7. Present application stands disposed of.
Order Date :- 20.12.2021 S.Chaurasia