Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34956 of 2019 Applicant :- Rub Chand Tyagi Opposite Party :- State Of Up Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Applicant- Rub Chand Tyagi has moved the present anticipatory bail application seeking bail in Case Crime No. 375 of 2019, under Sections 288, 420 I.P.C. and Section 3 Prevention of Public Property Damages Act, P.S. Bisrakh, District Gautam Budh Nagar.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; the co-accused Anuj Tyagi has been granted anticipatory bail by a coordinate Bench of this Court by the order dated 18.9.2019 in Criminal Misc. Bail Application No.37038 of 2019; the matter needs deeper and fairer investigation before any arrest should be given effect to. The applicant has no other reported criminal antecedents, therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail of 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- Rub Chand Tyagi involved in the aforesaid 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. 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 present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 27.9.2019 Vikas