Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6108 of 2021 Applicant :- Faeem Khan @ Munna Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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 seeking anticipatory bail in Case Crime No.17 of 2021, under Sections 307/34 I.P.C. and 13 Public Gambling Act, Police Station - Jahanabad, District - Pilibhit during the pendency of trial.
Urge has been made on behalf of the applicant that the applicant has no concern with the offence alleged against him. The applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the applicant.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage. Accordingly, this anticipatory bail is disposed.
In the event of arrest of the applicant Faeem Khan @ Munna involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation, 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 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.
Order Date :- 29.7.2021 rkg