Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8682 of 2021 Applicant :- Dharmendra Kumar Gaur And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Chandra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Dharmendra Kumar Gaur, Chandra Mohan Sharma and Gyanendra Singh, seeking anticipatory bail in Case Crime No. 81 of 2020, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Banna Devi, District - Aligarh, during the pendency of trial.
3. Learned counsel for the applicants relies on anticipatory bail and regular bail granted to numerous similarly situated persons including Vijay Singh and others who had been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7770 of 2021, vide order dated 15.03.2021.
4. In absence of any criminal history cited and in view of the similarity of facts claimed, the present applicants are also found entitled to similar protection.
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 applicants are entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicants - Dharmendra Kumar Gaur, Chandra Mohan Sharma and Gyanendra Singh, involved in the aforesaid case crime, they shall be released on anticipatory bail till conclusion of the trial, on their furnishing a personal bond of Rs. 50,000/- each 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 applicants shall make themselves available for interrogation by a police officer as and when required.
(ii) The applicants 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 applicants 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 applicants.
7. Present application stands disposed of.
Order Date :- 7.4.2021 Abhilash