Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8839 of 2021 Applicant :- Dr. Praveen Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Dr. Praveen Kumar Singh, seeking anticipatory bail in Case Crime No.427 of 2019, under Sections -323, 504, 506, 406, 306 I.P.C., Police Station - Shahpur, District - Gorakhpur, during pendency of trial.
3. Put up this case 5.8.2021, in the additional cause list before the appropriate Bench. By the said date, counter affidavit be filed by learned A.G.A.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. While the bail application has been opposed by learned AGA, it has been submitted by learned counsel for the applicant that the deceased committed suicide at his parental home. There was no suicide note. The applicant has been falsely implicated on allegation of his illicit relationship with the wife of the deceased. Then, it has been submitted that the other co-accused family members of wife of the deceased have already been granted anticipatory bail by this Court vide order dated 15.10.2019, passed in Criminal Misc. Bail Application No.42138 of 2019.
6. Thus, without expressing any opinion on the merits of the case, the applicant is entitled to interim anticipatory bail in this case, at this stage.
7. In the event of arrest of the applicant - Dr. Praveen Kumar Singh, involved in the aforesaid case crime, he shall be released on interim anticipatory bail till the next date fixed, on his furnishing a personal bond of Rs. 50,000/- 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 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/her 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 officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
Order Date :- 8.4.2021 A.Dewal