Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39586 of 2019 Applicant :- Riyasat Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Vikrant Gupta, learned counsel for the applicant and Sri Yogeshwari Rai, learned A. G. A. appearing for the State and perused the record..
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No.418 of 2018, under Sections 376, 452, 504, 506, IPC, Police Station Civil Lines, District Moradabad.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The contention of the counsel for the applicant is that applicant has been falsely implicated in the present case; that the present FIR has been lodged after much delay; that reliance has been placed on the statement of the victim under Section 164 Cr.P.C., which shows that the incident is about six years back and even otherwise the allegations, if any, are of against the co-accused Rashid, who happens to be dewar of the victim; that the said Rashid has already been enlarged on bail vide order dated 06.08.2019, passed by another Bench of this Court, passed in Criminal Misc. Bail Application No. 31577 of 2019, copy of which has been annexed on page no.32 of the present anticipatory bail application; that the applicant was not named in the FIR; that the matter needs deeper and fairer investigation before any arrest should be given effect to; that the applicant is willing to participate and cooperate with the investigation. Therefore, the applicant may be enlarged on anticipatory bail.
for anticipatory bail of the applicant, but could not dispute the aforesaid facts as argued by the counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Riyasat, involved in the aforesaid case, he shall be released on anticipatory bail 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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 them from disclosing such facts to the Court or to any police office;
(iv) 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.