Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38379 of 2019 Applicant :- Rishabh Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned counsel for informant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Rishabh Tyagi for grant of anticipatory bail during the course of investigation in Case Crime No. 720 of 2019, under Sections 354-B, 504, 506 I.P.C., Police Station Deoband, District Saharanpur.
Learned counsel for applicant argued that accused applicant is innocent. He has been falsely implicated in this case. He is grandson of Sudhir Tyagi. He has been implicated just to harass his family, whereas he is of no concern with this occurrence. There is matrimonial dispute in between informant and her husband Ankur. No medical report is there. Obscene touching has been accused against grand-father, son and grandson, which never occur even in the worst situation of society at present. Applicant is of no criminal antecedent. Therefore, the applicant may be enlarged on anticipatory bail.
Learned counsel for informant and learned A.G.A. opposed the prayer for bail with this contention that anticipatory bail application of Sudhir Tyagi has been rejected by coordinate Bench and accusation is of assault by all those named accused persons. Present applicant is leader of a political party and this occurrence was with intention to pressurize informant for withdrawing her case against Ankur.
Having heard learned counsel for both side and gone through first information report, it is apparent that applicant is son of maternal uncle of Ankur. He is of no criminal antecedent. Statement recorded under Section 164 Cr.P.C. reveals that while being in court for attending case, informant was scolded by Ankur, his father and his maternal uncle Sudhir Tyagi, who had extended threat. The second occurrence is when informant along with her father reached near Ambeheta Tiraha near Railway Gate, Sudhir Tyagi, Anant Tyagi and Rishabh Tyagi with some unknown got her halted, abused, assaulted and torn her cloths. They did touch over the person of informant i.e. no specific accusation against applicant is there. Applicant is of no criminal antecedent. Hence, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Rishabh Tyagi, involved in above mentioned case, he 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. 20,000/- 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 office 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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 NS