Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33216 of 2019 Applicant :- Pankaj And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Submission of the learned counsel for the applicant is that the applicants have been falsely implicated in the present case. In fact, no such incident of outraging the modesty of first informant's daughter has taken place. From the perusal of F.I.R. itself, it is evident that the house of the applicants is situated in front of the house of first informant and some altercation has taken place over excavation on the plot of applicants by the first informant. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the facts and circumstances of the case, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Pankaj and Pappu @ Satya Prakash involved in Case Crime No. 467 of 2019, under Sections 294, 354-Kha, 504 I.P.C., Police Station- Jagdishpura, District- Agra, they 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 each of them 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 him 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.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 26.8.2019 Vikas