Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37870 of 2019 Applicant :- Pappu Patel And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Chandra Patel Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Dr. G.S.D. Mishra, Advocate has filed vakalatnama on behalf of the applicant, which is taken on record.
Heard Dr. G.S.D. Mishra, 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.
It has been contended by learned counsel for the applicants that the applicants are real brothers and they have been falsely implicated in this case. Prima facie, from the nature of injuries sustained by the sole injured, offence under Section 308 I.P.C. is not made out. In the medical examination report, no fracture on the skull region has been noted, however, fracture of ulna bone has been noted. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicants have no other reported criminal antecedents, therefore, the applicants may be enlarged on anticipatory bail.
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 fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Pappu Patel, Subash Patel and Prem Chandra Patel involved in Case Crime No. 377 of 2019, under Sections 323, 504, 506, 324, 325, 308 I.P.C., Police Station- Mugrabadshahpur, District- Jaunpur, 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 :- 25.9.2019 Vikas