Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32785 of 2019 Applicant :- Kailash Chandra Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashwani Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicants submitted that the prosecution version in brief is that in the year 2006 and 2008 certain properties mortgaged with the bank were auctioned by concerned official, now after more than 12 years, F.I.R. has been lodged stating therein that actual property that was mortgaged, was never auctioned in collusion with the applicant, who was working as Amin with the bank officials. He further submitted that the applicant is ready to cooperate with the investigation and it is yet to be established during investigation as to whether auctioned property was the same property that was mortgaged or not.
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 applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Kailash Chandra Sharma involved in Case Crime No. 0314 of 2019, u/s 420, 467, 468, 471 IPC, P.S. Banna Devi, District Aligarh 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 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 shall make himself available for interrogation by a police officer as and when required;
(ii) 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 officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if he has 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 applicants.
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 applicants.
The applicants are 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.
Order Date :- 26.8.2019 Dhirendra/