Heard learned counsel for the applicant and learned A.G.A for the State.
This anticipatory bail application has been filed on behalf of the applicant Diwakar, seeking anticipatory bail in case crime no. 33 of 2021, under Sections 386, 506 I.P.C, Police Station Charthawal, District Muzaffarnagar, during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case with ulterior motive. The offence alleged in the F.I.R does not fall in the provisions of Section 438(6) Cr.P.C. In the aforesaid case till date, no charge sheet has been submitted. The police of the police station concerned is trying to arrest the applicant with regard to the similar allegations in case crime no. 12 of 2020 was also lodged by the informant/opposite party no. 2 under Section 384 I.P.C against the father of the applicant Sanjay Kumar Pundir in which charge sheet has been filed and the proceedings of the case has been stayed in Application under Section 482 No. 16071 of 2020 vide order dated 28.01.2021 passed by this Court and on the same allegation another F.I.R was lodged by the associates of the opposite party no. 2 on case crime no. 43 of 2021 under Section 386, 504, 506 I.P.C in which anticipatory bail has been granted to the applicant in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C 3857 of 2021 vide order dated 23.02.2021. Object of the informant is only to humiliate the applicant on the basis of false allegations. The applicant has not committed the alleged offence. No criminal histroy except one case in which the allegations are the same to that of present case. The applicant is ready to abide all the conditions imposed by this Court.
Learned A.G.A opposed the contentions made by the learned counsel for the applicant.
The allegations made in the F.I.R of this case crime are similar as the allegations made in the F.I.R of case crime no. 12 of 2020 and case crime no. 43 of 2021 which are Annexure-3 and Annexure-5 respectively.
In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
In the event of arrest of the applicant- Diwakar, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the court 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 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(v) The applicant is directed to co-operate in the trial and in case of non-cooperation the trial court is at liberty to cancel the bail of the applicant without any reference to this Court.
Present application is disposed of.
Order Date :- 25.8.2021 PS