Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18367 of 2021 Applicant :- Raju Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Mohammad Arshad, learned counsel for the applicant, Sri Satish Kumar Singh, learned brief holder appearing for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Raju Khan, seeking anticipatory bail, in the event of arrest in Case Crime No. 85 of 2021, under Sections 392, 411 I.P.C., Police Station- Lodha, District Aligarh.
Learned counsel for the applicant argued that the applicant is not named in the F.I.R. It is argued that four persons namely Shahrukh, Parvesh, Harish and Naseem were arrested by the police on 17.3.2021 and they stated that they used to sell looted e-ricksaw to Salman and Aarif, after which they used to sell the looted e-ricksaw to the applicant for Rs.20,000/-. It is argued that said e-ricksaw has been recovered from the possession of the said four accused persons and the implication of the applicant in the present case is false. The applicant has no other reported criminal antecedent as stated in para-22 of the affidavit. The applicant is ready to co-operate with the investigation and even he shall religiously attend the call of the police if called for.
Learned State counsel opposed the prayer for anticipatory bail but could not dispute the arguments as raised.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is not named in the F.I.R. He is having no criminal history. The recovery of looted e-ricksaw is from the possession of four co-accused who were arrested.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Raju Khan, involved in Case Crime No. 85 of 2021, under Sections 392, 411 I.P.C., Police Station- Lodha, 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 officer;
(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 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 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.
The present anticipatory bail application is disposed of.
(Samit Gopal,J.) Order Date :- 17.12.2021 Naresh