Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38528 of 2019 Applicant :- Sudhir And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
This application, under Section 438 Cr.P.C., has been filed by the applicants, Sudhir, Shailendra, Kamlesh, Vipin, Sunil, Mahesh, Mahendra and Rahul, with a prayer for grant of anticipatory bail, during the course of investigation in Case Crime No.205 of 2019, under Sections 147, 148, 149, 307 and 506 I.P.C., Police Station Sehramau South, District Shahjahanpur.
Learned counsel for applicants argued that it was a false case in which no person sustained injury, whereas, first information report was got lodged against fifteen known persons and many other unknown persons, with no specific accusation, rather a general accusation against all of them for commission of offence of riot and indiscriminate firing was made, though none has sustained any injury. Applicants are of no criminal antecedents. Hence, a prayer for grant of anticipatory bail has been made.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail.
Having heard learned counsel for both sides and gone through first information report, it is apparent that it was got lodged on 27.6.2019 for an occurrence, alleged to have occurred on 26.6.2019, upon a report by Jagatpal Singh, against fifteen known and many unknown persons, with accusation of firing indiscriminate firing, whereas none has sustained any injury nor any specific role has been assigned to anyone. There is no criminal antecedent of accused-applicants. Under all above facts and circumstances, it is a fit case for grant of anticipatory bail to the accused-
applicants.
In the event of arrest of the applicants, Sudhir, Shailendra, Kamlesh, Vipin, Sunil, Mahesh, Mahendra and Rahul, involved in above mentioned case, 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 their furnishing a personal bond of Rs. 20,000/-, with two sureties, each, in the like amount to the satisfaction of the Station House Officer of the police station, concerned, with following conditions:-
(i) the applicants shall make themselves available for interrogation by a police officer 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 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 :- 30.9.2019 bgs/