Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8802 of 2021 Applicant :- Subash Chand Singh @ Subash Chand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Singh,Sudhir Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Subash Chand Singh @ Subash Chand, seeking anticipatory bail in Case Crime No. 287 of 2020, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Badapur, District - Bijnor, during the pendency of trial.
3. At the outset, learned counsel for the applicant submits that arising from similar allegations, co-accused Naeem Ahmad has already been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.71 1 of 2021, vide order dated 24.03.2021. For the reasons contained in that order, the present applicant to whom similar allegations have been levelled, is also entitled to similar protection.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicant - Subash Chand Singh @ Subash Chand, involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, 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/her 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 officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
7. Present application stands disposed of.
Order Date :- 8.4.2021 Abhilash