Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39462 of 2019 Applicant :- Utsav Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Yogeshwar Rai, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further contended that applicant was not named in the FIR, after a period of six months some co-accused were arrested and in their statement name of the applicant has came into light. It is next contended that co-accused Baldev, Mudit Singhal and Gajendra @ Rahul @ Rajveer have been granted bail by another Bench of this Court. It is lastly contended that till date no charge sheet has been submitted. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Utsav Tyagi involved in Case Crime No. 0403 of 2019 under Section 420 I.P.C. and Section 66 IT, Act, Police Station Kavi Nagar, District Ghaziabad, he shall be released on anticipatory bail on his 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 applicant will join and participate in each and every aspect of "Investigation".
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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 officer;
(iv) 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 or misuse of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019 Ujjawal