Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33254 of 2019 Applicant :- Ranjeet Kumar @ Shammi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- P.K. Upadhyay,Vikram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri P.K. Ypadhyay, Sri Vikram Yadav, learned counsels for the applicants as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Submission of the learned counsel for the applicants is that a first information report was lodged by applicant no.1 against opposite party no.2 for indulging in vandalism and loot at his shop. The police on the information reached there and arrested opposite party no.2 and then as a counter blast in an arm twisting measure opposite party no.2 lodged the first information report on the same day with patently false allegations of looting gold chain etc. The applicants have no other reported criminal antecedent and they are businessmen.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Ranjeet Kumar @ Shammi, Pawan Kumar, Sunil Kumar and Banti Kumar involved in Case Crime No. 192 of 2019, under Sections 323, 504, 392 I.P.C., Police Station- Chandauli, District- Chandauli, they 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 each of them 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 applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 applicants.
The applicants are 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.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 26.8.2019 Vikas