Court No. - 34
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8072 of 2021 Applicant :- Mohd. Aslam Opposite Party :- State of U.P.
Counsel for Applicant :- Kumar Rupak,Rajesh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No.49 of 2021, under Sections 419, 420, 464, 466, 467, 471, 504, 506 I.P.C., Police Station Purani Basti, District Basti.
Presently and for the purposes of considering the prayer for grant of anticipatory bail, the Court takes note of the submission that no allegation as such is made against the applicant here. This position is also conceded to by the State. In that sense, the case of the applicant stands on a footing distinct and different from the other named accused.
In view thereof and bearing in mind the submissions addressed in which the Court finds prima facie force, let the learned A.G.A. file a reply/obtain instructions in this matter within a period of four weeks. List thereafter before the appropriate Court.
Accordingly and in the meanwhile, let the applicant- Mohd. Aslam involved in the aforesaid case crime number be released on interim anticipatory bail 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 concerned police station subject to the following conditions:-
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted.
Order Date :- 8.4.2021 Vivek Kr.