Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33229 of 2019 Applicant :- Farman Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Pandey,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsels for the applicant, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that as per the prosecution case an accident has taken place on 6.06.2019 in respect of which hundreds of villagers had blocked the road while raising protest against the inaction of the police. It is submitted that when police arrived at the spot, then unlawful assembly of 150 people armed with lathi, danda and deadly weapons started hurling abuses and pelting brick bats on the police party. Thereafter, an unruly mob also set on fire several vehicles and caused damage to several others. The police has nominated 30 accused at their will and now they are implicating persons in an arbitrary manner. The applicant is named in the F.I.R. without particular specification of any role. The applicant has no criminal antecedent to his credit. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail and submitted that applicant and his associates have acted in a very handedness manner, however, he could not point out any criminal history the credit of the applicant.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Farman involved in Case Crime No. 461 of 2019 under Sections 147, 148, 149, 34, 332, 353, 336, 337, 504, 427, 395 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Deoband, District Saharanpur 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. 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 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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.8.2019 MN/-