Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19403 of 2021 Applicant :- Dinesh Chandra Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anirudha Pandey,Dhirendra Narain Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case on account of harassment with malafide intention. The applicant has not committed any offence and the allegation made against the applicant is totally false. There was no dead body has been recovered till date. It is next contended that co-accused persons namely Krishna Kumar Dubey, Narendra Kumar, Rajendra Kumar and Km. Sunita have been acquitted by the court of learned Additional Sessions Judge Court No. 8 Fatehpur vide order dated 18.03.2005, a copy of order has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. The applicant has no criminal antecedent.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he 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 Dinesh Chandra Mishra involved in Case Crime No. 104 of 1999, under Section 364 IPC, Police Station Chandpur, District Fatehpur, 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.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 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 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 Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of 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.
Order Date :- 20.12.2021 Arti