Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37014 of 2019 Applicant :- Sonu Alias Pramod Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Markanday Singh,Arvind Kumar Tewari,Rishabh Kumar,Sanjay Pathak,Zain Abbas Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjay Pathak, learned counsel for the applicants, Sri Hemendra Pratap Singh, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been contended by learned counsel for the applicants that the applicants have been falsely nominated in the F.I.R. The role of firing has been attributed to the applicant no.1. The applicant no.2, being the father of applicant no.1, has been named in the first information report. No role whatsoever has been assigned to him. It is further argued that the presence of first informant is highly doubtful. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicants have no other reported criminal antecedents, therefore, the applicants may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have strongly opposed the prayer for bail and submitted that the applicant no.1 is the main accused and they have not disputed that no role has been attributed to the applicant no.2 who is the father of applicant no.1.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that no role has been assigned to the applicant no.2, the applicant no.2 is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant no.2- Yogendra Kumar Singh involved in Case Crime No. 368 of 2019, under Sections 147, 148, 149, 307, 323, 504 I.P.C., Police Station- Khair, District- Aligarh, 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 no.2 shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant no.2 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 officer;
(iii) the applicant no.2 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 no.2.
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 applicant no.2.
The applicant no.2 is 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.
The present anticipatory bail application so far as the applicant no.1- Sonu Alias Pramod Kumar is concerned is, accordingly, rejected.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed in part.
Order Date :- 27.9.2019 Vikas