Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38264 of 2019 Applicant :- Virendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anees Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Virendra Singh for grant of anticipatory bail during the course of investigation in Case Crime No. 446 of 2019, under Section 379 I.P.C., Police Station Tilhar, District Shahjahanpur.
Learned counsel for applicant argued that accused applicant has neither been apprehended on spot nor there is any recovery from him. His name is there on the basis of confessional statement made by accused persons, who have been apprehended on spot. He is of no concern with alleged recovery. Accused applicant is of no criminal antecedent. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail, but could not dispute the fact that applicant is of no criminal antecedent till above date of registration of this case.
Having heard learned counsel for both side and gone through material placed on record, it is apparent that applicant has neither been apprehended on spot nor there is any recovery from him. Hence, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Virendra Singh, involved in above mentioned case, he 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 his furnishing a personal bond of Rs. 20,000/- 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 shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) 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 of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The applicant is 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 NS