Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8502 of 2021 Applicant :- Rohit Malik Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yadvendra Krishan,Shiv Nath Singh(Senior Adv.),Surya Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shiv Nath Singh, learned Senior Advocate appearing on behalf of the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Rohit Malik, seeking anticipatory bail in Case Crime No.0042 of 2020, under Sections - 420, 467, 468 & 471 I.P.C., Police Station - Shamli, District - Shamli, during the pendency of trial.
3. While the bail application has been opposed by learned AGA, learned Senior Advocate appearing for the applicant would submit that the applicant has been falsely implicated for no fault. Mistake, if any, is of the University. It is further stated that in exact similar circumstance, many other persons including Harnath Singh, Arvind Kumar & Jitendra Kumar have already been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 9453 of 2020, 8714 of 2021 & 8722 of 2021, vide orders dated 17.12.2020, 7.4.2021 & 7.4.2021, respectively. For the reasons contained in that order, the present applicant against whom similar allegations have been made is also entitled to similar protection.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicant - Rohit Malik, involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
7. Present application stands disposed of. Order Date :- 8.4.2021 A.Dewal