Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8716 of 2021 Applicant :- Piyush Choudhary @ Piyush Kumar Choudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Man Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Piyush Choudhary @ Piyush Kumar Choudhary, seeking anticipatory bail in Case Crime No. 916 of 2018, under Sections - 498-A, 323, 504, 506 and 313 I.P.C. & Section 3/4 D.P. Act, Police Station - Sigra, District - Varanasi, during the pendency of trial.
3. While the bail application has been opposed by learned AGA, learned counsel for the applicant submits that earlier interim relief had been granted to the applicant by a Division Bench of this Court. Then, it has been submitted that the applicant has been falsely implicated in the matrimonial dispute of his brother. The applicant further claims separate living and there are no injuries.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant 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 applicant is entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicant - Piyush Choudhary @ Piyush Kumar Choudhary, involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- 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 applicant shall make himself available for interrogation by a 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant 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 applicant.
7. Present application stands disposed of.
Order Date :- 7.4.2021 Abhilash