Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38381 of 2019 Applicant :- Raeesh And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Akash Mishra,Rahul Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicants, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Raeesh, Bundu Khan, Imran and Saleem for grant of anticipatory bail during the course of investigation in Case Crime No. 164 of 2019, under Sections 147, 148, 149, 336, 352, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Dilari, District Moradabad.
Learned counsel for applicants argued that applicants are of no criminal antecedent. They have been falsely implicated in this case, which was got registered on 20.07.2019 at 21.07 P.M. upon report of Sub Inspector Dharampal Singh against eighteen known and one unknown person for offence punishable under Sections 147, 148, 149, 336, 352, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, whereas no specific role has been assigned to any of them. Rather it has been said that 15-20 persons of two parties were involved in assault to each other, they were pelting stones with abuse and firing. None of them have received any injury. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail, but could not dispute the fact that accused applicants are of no criminal antecedent.
Having heard learned counsel for both side and gone through material placed on record, without expressing any opinion on the merits of the case, a case for bail during investigation till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court is made out.
In the event of arrest of the applicants, Raeesh, Bundu Khan, Imran and Saleem, involved in above mentioned case, 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 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 him 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 :- 30.9.2019 NS