Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40326 of 2019 Applicant :- Vikas Alias Vivek Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Khanna,Suresh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vidit Khanna and Sri Suresh Pratap Singh, learned counsels for the applicants, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicants submitted that the applicants and first informant are immediate neighbours. The dispute between them is over a tree which was claimed by both the sides. Both the sides have received injuries. First information report has been lodged by the informant containing absolutely false and concocted allegations against the applicants with the ulterior intention of harassing him; the matter needs deeper and fairer investigation before any arrest should be given effect to; the applicants will participate and cooperate with the investigation; apart from the bald allegations made in the first information report, no evidence is forthcoming even prima facie indicating at the complicity of the applicants.The applicants have no criminal antecedent to their credit. Therefore, the applicants 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 applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Vikas alias Vivek Kumar and Virendra involved in Case Crime No. 176 of 2019 under Sections 323, 504 and 308 I.P.C., Police Station Kotwali Dehat, District Bijnor, they 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 each of them 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 office 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 him 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 30.9.2019 MN/-