Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39566 of 2019 Applicant :- Surjeet Singh And 2 Others Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Learned counsel for the applicants is permitted to make correction in the prayer clause of the bail application.
Heard learned counsel for the applicants and learned A. G. A. for the State.
Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 494 of 2019 u/s 144, 170, 353, 420 IPC PS Banna Devi District Aligarh.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicants is that the applicants have been falsely implicated in the present case; they have not been named in the FIR nor any recovery has been made from them; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Surjeet Singh, Sanjay Singh @ Sanju and Ameen Khan involved in the aforesaid case, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- 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 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 them 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.
Order Date :- 26.9.2019 SP