Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29934 of 2019 Applicant :- Praveen Nagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Swetashwa Agarwal, Advocate has filed Vakalatnama on behalf of complainant the same is taken on record.
Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant, Sri Swetashwa Agarwal, learned counsel for the complainant, Sri Amrit Raj Chaurasia, learned AGA for the State and perused the record.
An affidavit of compliance has been filed by the S.S.P. Ghaziabad in compliance of the order of this Court dated 26.7.2019 which is taken on record.
Learned AGA has pointed out that the explanation for the delay cause for the investigation being pending against the applicant and it is stated that the report of the surveyor has been received on 8.10.2018 and the investigation of the case against the applicant shall be concluded within three weeks.
The learned counsel for the application has submitted that the brother of the applicant namely Pramod against whom the charge sheet was submitted along with co-accused has already been enlarged on bail by the competent Court under Section 439 Cr.P.C. and the applicant has no criminal antecedents hence, applicant is entitled for the bail. The present FIR has been lodged against the applicant just to malign his image in the society.
Learned counsel for the complainant as well as learned, A.G.A. have opposed the prayer for bail and submitted that applicant along with his brother Pramod and other co-accused have adopted the modus operandi for getting the property of persons whose children and wards are abroad and they have also forged the papers of the said property and are indulging in sale and purchase of the same but they could not dispute the fact that the charge sheeted accused have already enlarged on bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Praveen Nagar involved in Case Crime No.410 of 2014, under Sections 420, 467, 468, 471 and 418 IPC, P.S. Link Road, District Ghaziabad, he 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 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 applicant shall make himself available for interrogation by a police office 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 they have passport, the same shall be deposited by him 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 applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three weeks 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 applicant.
The applicant is 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.
Order Date :- 31.7.2019/Neeraj