Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6233 of 2021 Applicant :- Pawan Kushwaha And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Pawan Kushwaha and Sanjay Maurya, seeking anticipatory bail in Case Crime No. 478 of 2019, under Sections - 379, 511 I.P.C., Police Station - Sarai Inayat, District - Prayagraj, during the pendency of trial.
3. While the bail application has been opposed by learned AGA, it has been submitted by learned counsel for the applicants that the present FIR was lodged six days after the earlier FIR lodged by the father of the co-accused namely Lal Mani Kushwaha with respect to the death of his son upon coming into contact with a live electricity wire. The counter allegation made in the present FIR are with respect to the attempt to steal electricity wire.
4. At present, there are no criminal antecedents of the applicants shown as also no real apprehension has been expressed by the State of the applicants 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 applicants are entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicants - Pawan Kushwaha and Sanjay Maurya, involved in the aforesaid case crime, they shall be released on anticipatory bail till conclusion of the trial, on their 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 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants 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 applicants.
7. Present application stands disposed of.
Order Date :- 5.4.2021 Abhilash