Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19819 of 2021 Applicant :- Rihan Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. The applicant was not named in the first information report, the name of applicant has came into light in the confessional statement of the co-accused. It is next contended that the imprisonment under the alleged sections is not more than 7 years but the concern police is trying to arrest the applicant. Learned counsel for the applicant placed reliance on the judgment of Hon'ble Apex Court in case of Arnesh Kumar Vs. State of Bihar and Anr (2014) 8 SCC 273 passed on 02.07.2014. Criminal history of the applicant has properly been explained in para 28 to the affidavit filed in support of bail application.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Rihan Khan involved in Case Crime No. 0393 of 2021, under Sections 379, 411 IPC, Police Station Kotwali Nagar, District Bulandshahr, 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 his 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 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him 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 applicant.
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 applicant.
The applicant is 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.
Order Date :- 20.12.2021 Arti