Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19849 of 2021 Applicant :- Sarkar Dubey Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Chandrakesh Mishra,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.152 of 2021, under Sections 379, 411, 414, 420, 467, 468, 471 I.P.C., Police Station Anpara, District Sonbhadra, applied for anticipatory bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He has committed no offence. He further submitted that although, the applicant is named in F.I.R. but he has not been arrested on spot. His name came into light on the statement of co-accused Prakash Narayan Dubey, who has been arrested on spot. He further submitted that nothing has been recovered from the possession of the applicant. The investigation is going on and police is trying to apprehend the applicant. There is no criminal history against the applicant and he is a member of reputed family. He further argued that in case the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but conceded the factual submission made by learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, role of applicant, nothing has been recovered from the possession of the applicant, he was not arrested on spot, 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 anticipatory bail in this case.
In the event of arrest, applicant Sarkar Dubey shall be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C. on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Investigating Officer / Court 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.
Order Date :- 21.12.2021 Manoj