Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39210 of 2019 Applicant :- Jayram And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Digvijay Singh,Deepak Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
At the very outset, learned counsel for the applicant submits that he is pressing the present anticipatory bail application on behalf of the applicant no.1, namely, Jayram only. So far as applicant no.2, namely, Vimal is concerned, it is stated that he has filed another anticipatory bail application and supplementary affidavit to this effect has also been filed along with the present anticipatory bail application with a prayer to delete the name of applicant no.2 from the array of the applicants. He is permitted to do so within 24 hours.
Heard Sri Surendra Kumar Tripathi, learned Advocate holding brief of Sri Digvijay Singh, learned counsel appearing for the applicant, Sri G.P.Singh, 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 is innocent and has been falsely implicated in the present case. it is a case of no injury, the said fact has been mentioned in paragraph no.7 of the affidavit filed in support of the anticipatory bail application. He further submits that the two co-accused, namely, Bachhu Singh and Anil have have already been granted regular bail by the Court below on 6.8.2019 and 20.8.2019 respectively, copies of which have been annexed at pages-25 to 28 of the anticipatory bail application. The present FIR has been lodged against the applicant just to malign his image in the society. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
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-Jayram involved in Case Crime No.306 of 2019, under Sections 307, 323, 504, 506 I.P.C., Police Station Sadabad Kotwali, District Hathras, 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. 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 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 office;
(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.
Order Date :- 26.9.2019/NS