Supplementary affidavit filed today by Shri Kshitij Pal Singh, learned counsel for the applicant. The same is taken on record.
Heard Sri Raghuraj Singh, learned counsel for the applicant and learned A.G.A for the State.
This anticipatory bail application has been filed on behalf of the applicant Ramesh Omar, seeking anticipatory bail in case crime no. 33 of 2021, under Sections 420, 467, 468, 471 I.P.C, Police Station Moosanagar, District Kanpur Dehat (Ramabai Nagar), during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Misbranded and adulterated gutkha which is alleged to be obnoxious and was been prepared by the accused Mahesh Omar and Prabhat Omar who were arrested on the spot and in confessional statement of co-accused the applicant has been named in the F.I.R, while the applicant has no concern with the alleged gutkha which was been prepared there and even the ware house does not belong to the applicant. The applicant is not the owner of the alleged ware house and criminal history of the applicant has been explained in para-2 of the supplementary affidavit. The applicant is not likely to abscond and undertakes to cooperate in the trial.
Learned counsel for the informant opposed the contentions made by the learned counsel for the applicant.
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.
In the event of arrest of the applicant- Ramesh Omar, involved in the aforesaid case crime, he shall be released on anticipatory bail, 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 is directed to co-operate in the trial and in case of non-cooperation the trial court is at liberty to cancel the bail of the applicant without any reference to this Court.
Present application is disposed of.
Order Date :- 25.8.2021 PS