Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40072 of 2019 Applicant :- Naresh Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicants submitted that 15 bottles of illicit liquor was recovered from two other co-accused who had disclosed the name of the applicants that they were also involved in smuggling of illicit liquor from Haryana. He further submitted that the police has falsely implicated the applicant in two other similar nature of cases. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Naresh Kumar and Pankaj involved in Case Crime No. 272 of 2019, u/s 272, 273 IPC and 60/63 Excise Act, P.S. Sarsawa, District Saharanpur, 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 their 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 applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) the applicants 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 applicants.
The applicants are 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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 Dhirendra/