Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38533 of 2019 Applicant :- Naushad Ali Opposite Party :- State Of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Sri V.M. Jaidi, learned senior counsel assisted by Sri M.J. Akhtar, learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned senior counsel submitted that infact the allegations made in the first information report are absolutely false and fabricated. Infact, no such construction was being raised on any public property and the applicant has also not caused any damage to the public property and prima facie, no cognizable offence is disclosed against the applicant. The applicant has no criminal history. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant 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 applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Naushad Ali, involved in Case Crime No. 442 of 2019, u/s 288, 420, 506 IPC and Section 3 of Prevention of Damage to Public Property Act, P.S. Bisrakh, District Gautam Budh Nagar, 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 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 them from disclosing such facts to the Court or to any police officer;
(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.
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 :- 30.9.2019 bgs/