Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10974 of 2021 Applicant :- Vijay Kumar Sonkar @ Bablu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Kesarwani Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicant Vijay Kumar Sonkar @ Bablu in Case Crime No. 0042 of 2021, under Sections 386, 504, 506 I.P.C., P.S.-
Ramnagar, District - Varanasi.
The first information report has been lodged with the allegations that while the informant was going by his truck, the accused persons climbed over the truck and said that they are financer of Axis Bank and instalment is due. They demanded Rs.15,000/- and when denied by the informant, they threatened and took Rs.2000/-.
Submission of the learned counsel for the applicant is that the applicant is not named in the FIR and a quarrel had taken place in respect of parking of the vehicles on 'Pradhan Dhaba' and therefore, prima-facie a case for anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicant is prepared to furnish surety and bond, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that on the statement of the co-accused the name of the accused applicant has come in light and the investigation is continuing.
The contents of the FIR shows that the case pertains to arrears of instalments in respect of financed vehicle.
In view of the allegations made and the kind of averment in the F.I.R. and the threat perception which is apparent in the F.I.R. as alleged in the bail application, I find it to be a fit case for anticipatory bail till filing of the charge-sheet.
The anticipatory bail application is allowed till filing of the charge-sheet.
In the event of arrest of the applicant - Vijay Kumar Sonkar @ Bablu, 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 applicants.
5. In case of filing of charge-sheet they 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 applicants are 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 :- 30.7.2021 nd