Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38248 of 2019 Applicant :- Prempal Alias Pappi And 3 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Prempal alias Pappi, Rajendra, Ramesh and Vijendra for grant of anticipatory bail during the course of investigation in Case Crime No. 455 of 2019, under Sections 160, 147, 336, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Malpura, District Agra.
Learned counsel for applicants argued that Tota, Ramveer and Gautam have been granted anticipatory bail in this very case crime number by this court vide order dated 26.9.2019 passed in Criminal Misc. Bail Application No. 39607 of 2019. There occurred some quarrel between parties regarding tying of buffalo. No injury from any party was received. F.I.R. was lodged by Sub Inspector of Police against fourteen accused persons, whereas no offence was reported by any party. The applicants have no criminal antecedent. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and gone through the rival contentions made by them, as well as the impugned rejection and the F.I.R., it is apparent that quarrel amongst two sides was reported by the Sub Inspector of Police, but no specific accusation against any of accused persons is there. Under all above circustances and without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicants have no criminal antecedent, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Prempal alias Pappi, Rajendra, Ramesh and Vijendra involved in above mentioned case crime, they 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 each furnishing a personal bond of Rs. 20,000/- 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 themselves available for interrogation by a police office 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 office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have 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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 Pcl