Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40619 of 2019 Applicant :- Dharmendra Kumar Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Pandey,Dr. Archana Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State Applicant has moved the present anticipatory bail application seeking bail in Case Crime No. 0942 of 2019 u/s 419, 420, 467, 468, 471, 506 IPC PS Cantt District Varanasi.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; even if the entire prosecution is believed to be true, the applicant happens to be the only marginal witness to a sale deed executed by his father; it is a civil dispute in which a civil suit is also pending as on date; reliance has also been placed on the order dated 18.9.2019 by means of which the bail has been granted to the father of the applicant namely Kailash Nath Mishra; the applicant is willing to participate and cooperate with the investigation and the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Dharmendra Kumar Mishra involved in the aforesaid case, 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 office;
(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 :- 30.9.2019 SP