Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33249 of 2019 Applicant :- Pravin Mall And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh,Shyamu Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicants submitted that the applicants have been falsely implicated by the first informant on account of personal grudge; the prosecution version is that the applicant and others accused entered the house of the first informant and assaulted the informant, however, there is no injury report in its support, in order to make offence graver totally false and fabricated allegation has been levelled against the applicant and also other accused are stated to have misbehaved with wife of informant and tore her clothes.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Pravin Mall and Mantu Mall alias Pramod Mall involved in Case Crime No. 340 of 2019, u/s 323, 504, 147, 148, 354, 354B IPC, P.S. Shahpur, District Gorakhpur 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 their 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 applicants shall make himself 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by them 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 applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months 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 applicants.
The applicants are 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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
Order Date :- 26.8.2019 Dhirendra/