Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8708 of 2021 Applicant :- Mohd. Sharik Opposite Party :- State of U.P.
Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Mohd. Sharik, seeking anticipatory bail in Case Crime No. 35 of 2020, under Sections - 147, 148, 307, 332, 353 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station - Kotwali Nagar, District - Aligarh, during the pendency of trial.
3. At the outset, it is stated that in exact similar circumstance other co-accused Sanjeev Kumar Varshney and Haider, have already been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 4801 of 2020 and 5677 of 2020, vide orders dated 24.09.2020 and 18.09.2020 respectively. For the reasons contained in those orders, the present applicant against whom similar allegations have been made is also entitled to similar protection.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicant - Mohd. Sharik, involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicant shall make himself 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 from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
7. Present application stands disposed of.
Order Date :- 7.4.2021 Abhilash