Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40362 of 2019 Applicant :- Jagnarayan Prasad And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and Mr. Mohd. Nadeem learned A. G. A. for the State Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 0365 of 2019 u/s 147, 419, 420, 506, 120B IPC PS Mohammadabad District Mau.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicant is that the applicants have been falsely implicated in the present case; they had no role to play in controversy in issue; as per the FIR itself the allegations, if any, are against co-accused Niranjan Pareda; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
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 applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Jagnarayan Prasad and Ashok Mishra involved in the aforesaid case, they shall be released on anticipatory bail on their 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 applicants 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 applicants shall make themselves available for interrogation by a police officer as and when required;
iii) the applicants 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 applicants 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 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 applicants.
Order Date :- 27.9.2019 SP