Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17682 of 2021 Applicant :- Veeru @ Vipin Rathore And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.,Shivesh Mishra
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicants that they are innocent and have been falsely implicated in the present case. No weapon has been assigned in the first information report and no specific allegation as to who caused injury to the injured. The applicants have no criminal antecedent.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedent, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Veeru @ Vipin Rathore and Sachin @ Kuldeep involved in Case Crime No. 188 of 2021, under Sections 308, 323 & 504 IPC, Police Station Qilla, District Bareilly, 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 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.
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 :- 17.12.2021 Arti