Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18359 of 2021 Applicant :- Kapil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.,Aijaz Ahmad Khan
Hon'ble Samit Gopal,J.
Matter taken up in the revised list.
Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant, Sri Satish Pandey, learned Brief Holder appearing for the State and perused the record.
Sri Aijaz Ahmad Khan, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Kapil Kumar, seeking anticipatory bail, in the event of arrest in Case Crime No. 489 of 2021, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station- Sheohara, District Bijnor.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant has no concern with the matter. He was a marginal witness to the sale deed in question. The sale deed is a valid document and has not been cancelled by any court of law till date. It is further argued that the co-accused Ranjeet Singh who was also an attesting witness of the sale deed, has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 08.11.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 18467 of 2021, copy of the said order has been produced before the Court, which is taken on record. The applicant has no other reported criminal antecedent as stated in para-6 of the affidavit.
Learned State counsel opposed the prayer for anticipatory bail but could not dispute the arguments as raised and also the order passed in favour of the said co-accused Ranjeet Singh by which he has been granted anticipatory bail.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is a marginal witness to the sale deed in question. The co-accused Ranjeet Singh who was also an attesting witness of the sale deed, has been granted anticipatory bail. 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 Kapil Kumar, involved in Case Crime No. 489 of 2021, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station- Sheohara, District Bijnor, 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 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