Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30675 of 2019 Applicant :- Hemant Kumar @ Hemant Raghav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Firoz Haider Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Akash Tyagi, Advocate has filed his power on behalf of complaint which is taken on record.
Heard Sri Firoz Haider, learned counsel for the applicant, Sri Akash Tyagi, learned counsel for the complainant, Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant had introduced the complainant for committing the crime in question. He had not taken money which was taken by co-accused Dev Sharma, Raj Kumar and Karnwal. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and submitted that the applicant has actively participated in the crime in question.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Hemant Kumar @ Hemant Raghav, involved in Case Crime No.336 of 2019, u/s 420, 406, 386, 504, 120-B IPC, P.S. T.P. Nagar, district Meerut, 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 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 themselves 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 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 they have passport, the same shall be deposited by them 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 applicants 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.
The case of the applicant is distinguishable from the case of co-accused persons from whom money has been recovered.
Order Date :- 31.7.2019 Gaurav