Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19998 of 2021 Applicant :- Naveen Kumar @ Naveen Purwar Opposite Party :- State of U.P.
Counsel for Applicant :- Aditya Gupta,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Aditya Gupta, learned counsel for the applicant and Sri Ashwani Prakash Tripathi, learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants -Naveen Kumar @ Naveen Purwar, seeking anticipatory bail in Case Crime No.442 of 2021, under Sections -406 & 506 I.P.C., Police Station -Rath, District -Hamirpur, during the pendency of trial.
3. At the outset, it has been stated, that the co-accused Rajkumar Purwar, against whom similar allegation has been made, has already been granted anticipatory bail by this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19814 of 2021 vide order dated 20.12.2021. For the reasons contained in that order, the present applicant is also entitled for anticipatory bail. Further, it has been submitted that the applicant has no criminal history.
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 - Naveen Kumar @ Naveen Purwar, 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/- each 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 :- 23.12.2021 S.Chaurasia