Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12441 of 2021 Applicant :- Sumit Verma And 7 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Surya Bhan Singh,Shiv Nath Singh(Senior Adv.),Yadvendra Krishan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 0036 of 2021, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Nibohara, District - Agra, during the pendency of trial.
Contention, in brief, is that the applicants are innocent and have been falsely implicated in this case. In a similar set of dispute as involved in the instant anticipatory bail application, the co- ordinate Bench of this Court has granted anticipatory bail to accused Harnath Singh in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 9453 of 2020 (Harnath Singh vs. State of U.P. and 2 others) on 17.12.2020. The case of the present applicant is identical to that of aforesaid accused, who has already been granted anticipatory bail by co-ordinate Bench of this Court in the aforementioned case. In case, the applicants are admitted to anticipatory bail, there is no possibility of absconding or misusing the liberty of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicants.
Taking into consideration the nature of accusation and lack of criminal antecedents of the applicants and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on interim anticipatory bail in this case, at this stage.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicants - Sumit Verma, Swati Kashyap, Tarun Kumar, Sachendra Kumar, Vijay Kumar Suman, Smt. Premlata, Smt. Shashi Kumari and Sri Shashant involved in the aforesaid case crime, they shall be released on interim anticipatory bail during investigation on their 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 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 officer or tamper with the evidence.
(iii) The applicants 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 applicants.
Order Date :- 28.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:42:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad