Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18920 of 2021 Applicant :- Hriday Narayan Mishra Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Uttam Singh,Ashish Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Uttam Singh, learned counsel for the applicant, Sri Satish Pandey, learned brief holder appearing for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Hriday Narayan Mishra , seeking anticipatory bail, in the event of arrest in Case Crime No. 589 of 2021, under Sections 420, 406, 467, 468 I.P.C., Police Station- Cantt., District Gorakhpur.
Learned counsel for the applicant argued that the applicant is not named in the F.I.R. It is argued that implication of the applicant is on the basis of confessional statement of co-accused Raju@Rajnish who is named in the F.I.R. It is argued that the allegations in the F.I.R. are against the co- accused who is named therein of showing some appointment letters on his mobile phone and then alluring the first informant of providing employment on the basis of which money was parted by him. It is argued that the implication of the applicant in the present case is without any credible evidence. The applicant has no other reported criminal antecedent as stated in para-17 of the affidavit.
Learned State counsel opposed the prayer for anticipatory bail and argued that the present applicant and the co-accused were involved in alluring people and taking money from them for appointment.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is not named in the F.I.R. His name surfaced in the statement of co-accused Raju@Rajnish. The applicant has no criminal history.
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 Hriday Narayan Mishra, involved in Case Crime No. 589 of 2021, under Sections 420, 406, 467, 468 I.P.C., Police Station- Cantt., District Gorakhpur, 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. 50,000/- with two sureties (out of which one surety should be the family member of the applicant and the other surety should be a local person) 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 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 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 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 present anticipatory bail application is disposed of.
(Samit Gopal,J.) Order Date :- 17.12.2021 Naresh