Learned A.G.A. has submitted that although advance notice of this application was served in the office of Government Advocate, but he has not received instructions.
Learned counsel for the applicant has objected and submitted that notice period as per Chapter XVIII, Rule 18 of the High Court Rules has expired and there is no justification for granting further time to the learned A.G.A.
Learned counsel for the applicant has submitted that during the time granted to learned A.G.A to obtain instructions, the applicant will definitely be arrested and the purpose of filing this application would be frustrated. Even if, applicant is not arrested, he will have to stay away from his house due to apprehension of arrest at the behest of informant by the police.
Learned A.G.A. is granted two weeks' further time to obtain instructions.
Put up this case as a fresh case on 15.02.2021.
Till then, in case of his arrest, the applicant, Praveen Tomar shall be enlarged on interim anticipatory bail in Case Crime No. 1629 of 2018 under Sections 408,120-B I.P.C., Police Station- Kavi Nagar, District- Ghaziabad, on his furnishing personal bond of Rs. 50,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the 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 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 he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad;
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicants who shall ensure compliance of this order after due verification from official website of this court.
Order Date :- 20.1.2021 Atul kr. sri.