Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30520 of 2019 Applicant :- Surendra Tiwari And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri M.K. Mishra, learned counsel for the applicants, Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the earlier the applicant no. 1 had lodged an F.I.R. against the informant of the present case, namely, Anil Kumar and three others which was registered as case crime no. 110 of 2019 on 9.6.2019 and just as a counter blast present F.I.R. has been lodged against the applicants by the complainant for their harassment. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail and submitted that the injured has received injuries in the present case to which learned counsel for the applicants states that the said injuries as per the medical report are simple in nature.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Surendra Tiwari and Bhupendra involved in Case Crime No. 83 of 2019 under sections 323, 384, 504, 506, 507 I.P.C., police station Jagner, District Agra, 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 personal bonds of Rs. 25,000/-each 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 applicants shall make himself available for interrogation by a police office 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 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 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.
Order Date :- 30.7.2019 Shiraz