Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29835 of 2019 Applicant :- Rajiv Kumar Garg Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri D.S.Chauhan, Advocate, has filed his Vakalatnama on behalf of the complainant today in Court, which is taken on record.
Heard Sri Rahul Sripat, learned Senior Advocate, assisted by Sri Amit Daga, learned counsel for the applicant, Sri Ashok Mehta, learned Senior Advocate, assisted by Sri D.S.Chauhan, learned counsel for the complainant, Sri G.P.Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the dispute between the parties, if any, is purely civil in nature and the present FIR has been lodged by the informant against the applicant just as a pressure tactics. The present FIR has been lodged against the applicant just to malign his image in the society. The applicant has no other reported criminal antecedent.
Learned A.G.A. as well as learned counsel for the complainant vehemently opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant-Rajiv Kumar Garg involved in Case Crime No.388 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station Bannadevi, District Aligarh, 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 his furnishing a personal bond of Rs. 50,000/- 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 him 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 he has 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 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 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 :- 25.7.2019 NS