Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37997 of 2019 Applicant :- Rakesh Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alok Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Alok Kumar Dwivedi, learned counsel for the applicant, Sri Pramod Kumar Srivastava, counsel for the informant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that he has not been assigned any role of assaulting the injured. Initially it is stated that four accused assaulted the injured and all other accused including the applicant had joined hands with them. He has further argued that inadvertently in the affidavit filed in support of the application it is stated that the applicant has no criminal history, however, realizing his mistake later on, supplementary affidavit filed today giving details and has explained criminal history of 11 cases of the applicant. It is further submitted that he has been falsely implicated on account of village party faction. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the applicant is habitual offender and involved in 11 criminal cases but could not dispute that most of the offences are cheating u/s 420 IPC and Section 110 of Gunda Act.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Rakesh Pandey involved in Case Crime No. 42 of 2019, u/s 323, 504, 506, 307 IPC, P.S. Karha Dham, District Kaushambi, 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. 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 applicant shall make himself available for interrogation by a police officer 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 them 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 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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.9.2019 Dhirendra/