Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39598 of 2019 Applicant :- Haji Iqbal Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri Yogeshwar Rai, learned A. G. A. appearing for the State and perused the record..
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No.455 of 2018, under Sections 379, 411, IPC, Police Station Massorie, District Ghaziabad.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The contention of the counsel for the applicant is that applicant has been falsely implicated in the present case solely on the basis of statements of other co-accused persons who were arrested; that the applicant was not named in the FIR; that stolen articles were recovered from the possession of co- accused and nothing has been recovered from the possession of the preset applicant; that the applicant is senior citizen aged about 68 years; that the matter needs deeper and fairer investigation before any arrest should be given effect to; that the applicant is willing to participate and cooperate with the investigation. Therefore, the applicant may be enlarged on anticipatory bail.
Learned AGA appearing for the State has opposed the prayer for anticipatory bail of the applicant, but could not dispute the aforesaid facts as argued by the counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Haji Iqbal, involved in the aforesaid case, he shall be released on anticipatory bail 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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 them from disclosing such facts to the Court or to any police office;
(iv) 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019/VKG