Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9097 of 2021 Applicant :- Satveer @ Satyveer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shivangi Bhargava,Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for anticipatory bail on behalf of the applicant, Satveer @ Satyveer Singh in connection with Case Crime No. 375 of 2019 under Sections 323, 504, 506, 308 IPC Police Station Baniyather, District Sambhal.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of learned counsel for the applicant is that the role assigned to him is one of exhortation, whereas the role of assault has been assigned to a co-accused as would appear from the injured's statement which the learned AGA has read out during the course of this hearing. It is submitted that the role of assault leading to head injury sustained by the injured is assigned to co-accused, Nadim but not the applicant. It is next submitted that the applicant is a respectable man, who has no criminal history and has been falsely implicated along with co-accused Nadim on account of extraneous considerations to humiliate him. The applicant apprehends arrest. It is further submitted that in case he is admitted to the privilege of anticipatory bail, he would not misuse the same.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Superintendent of Police, Sambhal returnable on 14.06.2021.
List this application for orders on 14.06.2021 before the appropriate Bench.
Considering the submissions made by the learned counsel for the applicant, the emergent situation due to COVID-19 pandemic, the nature and gravity of the accusation, the fact that the role assigned to the applicant according to the injured's statement is one of exhortation, the fact that the applicant has no criminal history, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
Meanwhile, in the event of arrest, the applicant Satveer @ Satyveer Singh shall be released on interim anticipatory bail in Case Crime No. 375 of 2019 under Sections 323, 504, 506, 308 IPC Police Station Baniyather, District Sambhal on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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.
(2) The applicant will not leave India with the previous shall be deposited by him before the S.S.P./S.P. concerned.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 applicants.
The applicants are directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also 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 :- 13.5.2021 Deepak