Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14044 of 2021 Applicant :- Ram Sharan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicant, in Case Crime No. 479 of 2017, under Sections - 419, 420, 467, 468, 471, 477A, 120B I.P.C., Police Station- Kotwali, District - Etawah.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Urge has been made on behalf of the applicant that the applicant has no concern with the offence alleged against him. The applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. In case, the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
The submission made by learned counsel for the applicant prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned A.G.A. has accepted notice on behalf of opposite party no.1. He prays for and is granted two weeks' time to file counter affidavit.
Issue notice to opposite party no.2, who may also file objectio/ counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Put up this case on 31st August, 2021, as fresh.
In the event the applicant - Ram Sharan Yadav is arrested he shall be released on anticipatory bail till the next date of listing on 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 Court with the following conditions:-
(i) The applicant shall make themselves available for interrogation by the 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 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 they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Govt. Advocate 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, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations 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 after downloading from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 30.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.02 16:45:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad