Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17922 of 2021 Applicant :- Saroj Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Arun Kumar Sharma, learned counsel for the applicant and Sri Pankaj Mishra, learned counsel for the State and perused the record.
The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant namely Saroj Kumar in Case Crime No. 175 of 2021, under Section 307 IPC, Police Station- Dannahar, District Mainpuri.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued while placing para 8 and 12 of the affidavit in support of the anticipatory bail application that the present case is a case of no injury and no one has received any injury and no person was medically examined. It is argued that the applicant is a Halwai by profession. The applicant has no criminal history as stated in para 10 of the affidavit.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail but could not dispute the fact that no person has received any injury.
After having heard learned counsels for the parties and perusing the records, it is evident that the present case is a case of no injury. The applicant has no criminal history.
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, Saroj Kumar involved in Case Crime No. 175 of 2021, under Section 307 IPC, Police Station- Dannahar, District Mainpuri, 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 office 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 Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 M. ARIF (Samit Gopal, J.)