Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30671 of 2019 Applicant :- Om Prakash Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri T.K. Mishra, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the the applicant happens to be the father of co-accused Vivek with whom the informant had some friendship on account of which the applicant has been implicated in the present case. The allegation against the applicant is u/s 506 IPC. The applicant has no other reported criminal antecedents.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Om Prakash Singh, involved in Case Crime No. 30 of 2019, u/s 376, 377, 328, 313, 506 IPC, P.S. Mahila Thana, district Moradabad, he 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 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 themselves available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant 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 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 applicants 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.
The case of the applicant is distinguishable from the case of co-accused Vivek.
Order Date :- 31.7.2019 Gaurav