Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12703 of 2021 Applicant :- Sadab Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.
283 of 2021, under Sections - 147, 148, 149, 308, 336, 332, 353, 188, 269, 270 I.P.C., Section - 7 Criminal Law Amendment Act and Section - 3/4 The Epidemic Diseases Act, Police Station - Sayana, District - Bulandshahar.
Contention, in brief, is that the applicant is innocent and has been falsely implicated in this case. Under similar circumstances, co-accused Shadab Ahmad has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 19.7.2021 in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 12726 of 2021. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicant - Sadab involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation 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 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 13.8.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.16 17:17:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad