Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38319 of 2019 Applicant :- Dheeraj Yadav @ Badal Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Dheeraj Yadav @ Badal for grant of anticipatory bail during the course of investigation in Case Crime No. 386 of 2018, under Sections 392, 411 I.P.C., Police Station Utrav, District Prayagraj.
Learned counsel for applicant argued that the applicant is neither named in the F.I.R. nor he was apprehended from the spot nor there was any recovery from him. His name was on the basis of confessional statement of co-accused from whom motorcycle was recovered and it was false implication of the applicant in this case crime number. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. vehemently opposed the prayer for bail, but could not oppose above factual aspect.
Having heard learned counsel for both sides and gone through the rival contentions made by them, as well as the impugned rejection order and the F.I.R. and without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant 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, Dheeraj Yadav @ Badal involved in above mentioned case crime, he 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. 20,000/- 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 office 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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 Pcl