Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17719 of 2021 Applicant :- Krishan Opposite Party :- State Of U.P..And Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 164 of 2021, under Sections 420, 467, 468, 471, 504, 323, and 506 IPC P.S. Garhmukteshwar, District Hapur, with the prayer that the applicant may be released on anticipatory bail.
Learned counsel for the applicant submits that the first information report has been lodged on the basis of an application under section 156(3) Cr.P.C. This report has been lodged by a brother against his real brother. The present applicant is the purchaser and the main accused namely, Khajan who is said to have sold the property in dispute has been granted anticipatory bail vide order dated 1.12.2021 by a coordinate bench of this court. It is also argued that a suit for cancellation of the sale deed is also pending before the court below, hence the prayer for bail is made.
A.G.A. has opposed the application for anticipatory bail and argued that as per the first information report, the complainant is the real brother of the applicant. As alleged that Khajan has sold out the property of his real brother, the complainant, in favour of his daughter-in-law, the present accused. It is admitted fact that a suit for cancellation of sale deed is also pending in the lower court. As per the parameters, the anticipatory bail can be granted after considering the seriousness of the offence, nature of offence and likelihood of being absconding from justice, the antecedents of the accused and chances of the applicant tampering with the evidence or threatening the witnesses.
Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no possibility of fleeing from justice and without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.
The anticipatory bail application is allowed.
In the event of arrest of the applicant involved in the aforesaid case shall be released on anticipatory bail on her 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 him available for interrogation by a police officer 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 16.12.2021 Gss