Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40457 of 2019 Applicant :- Sachin And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State and perused the record.
I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.
It has been contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case; that some scuffle took place as a result of which present proceedings have been initiated. .The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned AGA has opposed the prayer for anticipatory bail.
As far as applicant nos. 1 and 2 are concerned It is contended that applicant no.1 have four cases criminal history and applicant no. 2 have three cases criminal history.
After hearing learned counsel for the parties and after perusing the impugned FIR and also looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out in favour of applicant nos. 1 and 2.
Accordingly, the application for anticipatory bail as regards applicant no. 1 and 2 are rejected.
As far as applicant nos. 3 and 4 are concerned, following order is being passed.
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 no. 3 and 4 are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Lavish @ Manish and Satendra involved in Case Crime No. 155 of 2019 under Section 452, 323, 325, 354 Kha, 504, 506 I.P.C., Police Station Hafizpur, District Hapur, they shall be released on anticipatory bail on their 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 applicants 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 applicants shall make themselves available for interrogation by a police officer as and when required;
iii) the applicants 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 officer;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
Order Date :- 27.9.2019 Ujjawal