Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13940 of 2021 Applicant :- Naresh Opposite Party :- State Of U. P. And Others Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 611 of 2020, under Sections - 419, 420, 467, 468, 420-B and 34 I.P.C.
and 3, 9, 6, 10 U.P. Public Examination (Prevention of Unfair Means) Act, 1988, Police Station - Sector - 58, District - Gautambudh Nagar, during the pendency of trial.
Contention, in brief, is that the applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. The applicant is not named in the first information report. The complicity of the applicant came into light during investigation. Nothing incriminating has been recovered from the possession of the applicant. In case, the applicant is granted anticipatory bail, there is no possibility of absconding or misusing the liberty of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicant - Naresh involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation 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 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 30.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.02 16:18:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad