Heard learned counsel for the applicant and learned AGA for the State.
This anticipatory bail application has been filed on behalf of the applicant - Sonu Prajapati @ Sujit Kumar Prajapati, seeking anticipatory bail in Case Crime No. 614 of 2017, under Sections - 306 IPC and under Section 3/4 D.P. Act, Police Station - Naini, District - Allahabad, during the pendency of trial.
Learned counsel for the applicant submits that the FIR of this case was lodged on 28.07.2017, while the occurrence took place on 19.02.2016, against the applicant and other family members of the applicant under Section 302 IPC. The charge-sheet was filed against all the accused under Section 306 IPC and 3/4 D.P. Act, which is annexed as Annexure No. 16 of the affidavit. It is further submitted that death of deceased was due to train accident, but the applicant and other family members dragged to this Court. The allegations made in the FIR have been made with ulterior motive as the FIR was lodged after lapse of one years from the date of occurrence. The applicant has no criminal history.
In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
Let the applicant - Sonu Prajapati @ Sujit Kumar Prajapati, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicant shall make himself available for interrogation by a police officer 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 officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(v) Applicant is directed to cooperate in the trial and in case of non-cooperation the trial court is at liberty to cancel the bail of the applicant without any reference to this Court.
Present application is disposed of.
Order Date :- 25.8.2021 AK Pandey