Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32852 of 2019 Applicant :- Harun Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Raj Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that the applicant has been falsely implicated on account of village party bandi as a dispute was going on between the co-accused Harun son of Dost Mohd., who is sitting Pradhan of the village whereas F.I.R. has been lodged by nephew of ex Gram Pradhan. It is further submitted that the allegation of outraging modesty of womenfolk of the first informant is specifically alleged against the Harun son of Dost Mohd. He further argued that though it is alleged in the F.I.R. that accused also resorted firing on informant and other inmates but escaped narrowly.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Harun involved in Case Crime No. 460 of 2019, u/s 147, 148, 149, 452, 323, 504, 506, 354, 354B, 376, 511 IPC, P.S. Baghpat, District Baghpat 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 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 them from disclosing such facts to the Court or to any police officer;
(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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
Learned counsel for the applicant has prayed that initially application was moved on behalf of eight accused persons, however, since their affidavits were not sworn, a supplementary affidavit was filed in this behalf, which is taken on record and thus their names have already been deleted at the time of filing, however, certified copy of the rejection orders of other accused except the applicant whose name appears at serial no. 2, has been appended with the application, same may be returned.
Office is directed to return certified copy of the rejection orders of other accused keeping their photostat copies.
Order Date :- 26.8.2019 Dhirendra/