Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40660 of 2019 Applicant :- Shahrukh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Maimoona Fatima Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A. G. A. for the State Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 0135 of 2019 u/s 147, 148, 149, 307, 323, 325, 336 IPC, P.S. Bannadevi, District Aligarh.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicants is that the applicants have been falsely implicated in the present case; the FIR was lodged against 14 persons; on the date of time of occurrence, the applicant was busy in his own marriage, in this regard the photograph and wedding card has been annexed wit the affidavit; much reliance has been filed on the complaint filed by the applicants himself; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
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 is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Shahrukh and Bhura @ Mohammad Shakir involved in the aforesaid case, 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 applicant 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 applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) 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 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 applicant.
Order Date :- 30.9.2019 Kuldeep