Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30773 of 2019 Applicant :- Mantosh Kumar Yadav Alias Lallu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shridhar Tripathi,Manu Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Shridhar Pathak, learned counsel 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 the driver of the truck in question in which sand was loaded. The applicant is having license for transportation of the sand copy of which is annexed as annexure-S.A.-1 to the supplementary affidavit. He has been falsely implicated in the present case. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail and submitted that the truck was over loaded as in place of 12 meter cube 20 meter cube sand was loaded to which learned counsel for the applicant states that due heavy rain there was variation in the weighing of the sand.
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 Mantosh Kumar involved in Case Crime No. 290 of 2019 under sections 379, 411 I.P.C. and 4/21 Khan Avam Khanij Adhiniyam, police station Kokhraj, District Kaushambi, 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 :- 31.7.2019 Shiraz