Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38525 of 2019 Applicant :- Sushant Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Naveen Kumar Yadav,Kamal Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Sushant for grant of anticipatory bail during the course of investigation in Case Crime No. 428 of 2019, under Sections 452, 147, 148, 149, 307, 308 I.P.C., Police Station Soorajpur, District Gautam Buddha Nagar.
Learned counsel for applicant argued that accused applicant is student of Class XII. He too was injured in this occurrence. Applicant was of no concern with alleged occurrence, which occurred in between two groups. There are cross cases. Injured Nasir in his statement has said that applicant appeared subsequent to alleged occurrence. He is of no criminal antecedent. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail, but admitted that accused applicant is of no criminal antecedent.
Having heard learned counsel for both side and gone through first information report as well as medical report, it is apparent that present applicant has also sustained head injuries in alleged occurrence. Injured Nasir in his statement has said that applicant appeared subsequent to the alleged occurrence. Hence, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Sushant, involved in above mentioned case, he 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 his 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 the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him 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 applicant.
The applicant is 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 :- 27.9.2019 NS