Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6052 of 2021 Applicant :- Veer Bahadur Singh Bhadauriya Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.,Ram Bahadur Singh
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 3, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicant Veer Bahadur Singh Bhadauriya in in Case Crime No. 0019 of 2021, under Sections 376/511/506 I.P.C., P.S.- Kurra, District - Mainpuri.
F.I.R. has been lodged by opposite party no. 3 in respect of incident dated 23.12.2019 for which F.I.R. has been lodged on 24.01.2021.
Submission of the learned counsel for the applicant is that applicant has been falsely implicated in this case and the F.I.R. is grossly delayed. Further submission is that the applicant has been falsely implicated there is enmity on account of civil dispute with the husband of opposite party no. 3, therefore, it has been submitted that taking into consideration the delay in lodging the F.I.R. prima facie case for anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned counsel for the opposite party no. 3 and learned A.G.A. have vehemently opposed the prayer of bail but they have not been able to give any convenient reply why the F.I.R. is so grossly delayed as the incident is alleged to have taken place on 23.12.2019 and the F.I.R. has been lodged on 24.01.2021. It has been however, submitted that the F.I.R. has been lodged on the basis of application under section 156(3) Cr.P.C. but from the perusal of the F.I.R. it appears that the application was given on 23.01.2021 and as such there is delay of more than one year in lodging the F.I.R. and moving the application under section 156(3) Cr.P.C.
In view of above, prima facie case for anticipatory bail is made out, therefore, anticipatory bail application is allowed.
In the event of arrest of the applicant Veer Bahadur Singh Bhadauriya, involved in the aforesaid case shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicant shall make themselves available for interrogation by a police officer as and when required;
2) 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 or tamper with the evidence;
3) The applicant shall not leave India without the previous permission of the court;
4) 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 applicant.
5. In case of filing of charge-sheet he shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The applicant is directed to produce a copy of this order, downloaded from the official website of this Court, before the S.S.P./S.P. concerned within ten days from today.
Order Date :- 28.7.2021 Bhanu