Heard learned counsel for the applicant and learned AGA for the State.
This anticipatory bail application has been filed on behalf of the applicant - Prashant Kumar @ Devendra Kumar, seeking anticipatory bail in Case Crime No. 737 of 2020, under Sections - 457, 380, 411 IPC, Police Station - Gola, District - Gorakhpur, during the pendency of trial.
Learned counsel for the applicant submits that the FIR of this case was lodged against unknown person under Sections 457, 380 IPC with regard to theft from the house of the informant. Name of the applicant surfaced during investigation in the confessional statement made by co-accused. Nothing incriminating article has been recovered from the possession of applicant. The applicant has no criminal history and will not flee from judicial process Learned AGA opposed the contention made by learned counsel for the applicant and contended that the name of applicant came in the confessional statement of co-accused.
In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
In the event of arrest of the applicant - Prashant Kumar @ Devendra Kumar, involved in the aforesaid case crime, he shall be released on anticipatory bail, 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 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(v) Applicant is directed to cooperate in the trial and in case of non-cooperation the trial court is at liberty to cancel the bail of the applicant without any reference to this Court.
Present application is disposed of.
Order Date :- 25.8.2021 AK Pandey