Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19454 of 2021 Applicant :- Ranvijay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved seeking bail in Case Crime No.220 of 2021, under Section 380 IPC, P.S. Lalpur Pandeypur, District Varanasi, with the prayer that in the event of arrest, applicants may be released on bail.
It is argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The applicant has not stolen any battery. As per F.I.R. also no recovery has been made from the applicant. The applicant has no criminal history. As per F.I.R., the theft is done by co- accused Deepak. The applicant has resigned from the service on 25.03.2021. The applicant is having apprehension of being arrested so the prayer of anticipatory bail is made.
Learned A.G.A has opposed the anticipatory bail application and argued that the present accused was having the key of tower.
If we go through the F.I.R., it is mentioned therein that present accused used to look after the work of 30 towers as technician. The applicant was expelled from his services. As per F.I.R. the present accused has not transferred his charge and during his charge on 07.06.2021 when the complainant went to inspect the spot he was told by Vinod Kesari that on 13.04.2021 Deepak, who is said to have worked with present accused was throwing battery in the back side of the plot and two persons standing thereby were loading the battery in the vehicle. When the present accused was informed he did not pay any heed. As per first information report also, no role of stealing the battery is attributed to the applicant.
Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no possibility of fleeing from justice, without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.
The anticipatory bail application is allowed.
In the event of arrest of the applicant- Ranvijay Singh, involved in Case Crime No.220 of 2021, under Section 380 IPC, P.S. Lalpur Pandeypur, District Varanasi, shall be released on anticipatory bail on his 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 with the following conditions:-
(i) the applicant shall make him 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 21.12.2021 Radhika