1. Heard Sri Fakhruzzaman, learned counsel for the applicant and learned AGA for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Ram Laal, seeking anticipatory bail in Case Crime No. 85 of 2021, under Sections - 379, 411 IPC, Section 3 Prevention of Damage to Public Property Act, 1984 and Section 207 of Motor Vehicle Act, Police Station - Garautha, District - Jhansi, during the pendency of trial.
3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The applicant has no criminal antecedents and is not a previous convict. The FIR of this case was lodged against unknown persons. The applicant has been implicated in this case on the ground that Tractor which was laden with morang was of applicant, in fact, applicant had handed over his tractor to a candidate, who was contesting the election of gram pradhan, so the other party, who was also contesting the election of gram pradhan became enemical and has falsely implicated the tractor of the applicant in this false case. The police party has lifted the tractor of the applicant from his house.
4. Learned AGA vehemently opposed the contentions raised on behalf of applicant.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
6. Let applicant-Ram Laal, involved in the aforesaid case crime, he shall be released on anticipatory bail during trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the court concerned on 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(v) The applicant shall cooperate in the trial before the court below and in case of non-cooperation the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.
7. Present application is disposed of.
Order Date :- 26.8.2021 Prajapati