Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33223 of 2019 Applicant :- Shushil @ Puttan Pandey And 3 Ors Opposite Party :- State Of U.P. And An Others Counsel for Applicant :- Vinod Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vinod Kumar Kushwaha, learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case on account of some property dispute. It is submitted that as per the prosecution version applicants assaulted both the injured by lathi and danda and informant Anshu is stated to have sustained one injury on the head and two injuries are abrasions. Brajesh, injured has received a contusion on frontal parietal region underneath which hematoma was found. Learned counsel for the applicants has argued that no offence under Section 308 I.P.C. is made out. The applicants have no criminal antecedent to their credit. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Shushil @ Puttan Pandey, Shiv Shanker alias Munim Pandey, Balram and Ashutosh Pandey alias Gopal Pandey involved in Case Crime No. 0138 of 2019 under Sections 323 and 308 I.P.C., Police Station Chaubepur, District Kanpur Nagar, they 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 each of them 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 applicants shall make themselves available for interrogation by a police office as and when required;
(ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 certified 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 applicants.
The applicants are directed to produce a certified 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.8.2019 MN/-