Anticipatory bail should be granted when there is no evidence suggesting the accused would flee from justice or tamper with evidence, emphasizing the purpose of bail to secure attendance at trial.

JUDGMENT :

Vikram D. Chauhan, J.

1. Heard learned counsel for the applicants as well as learned AGA and perused the material available on record.

2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants-Lallu Biyar @ Lallan and Ritesh Biyar in Case Crime No. 60 of 2021 under Sections 147, 188, 332 I.P.C. and Section 7 of Criminal law Amendment Act, Police Station - Baburi, District - Chandauli.

3. It is submitted by learned counsel for the applicants that co-accused - Anukriti Yadav has already been granted anticipatory bail by this Court vide order dated 05.08.2024 in Criminal Misc. Anticipatory Bail Application No. 6738 of 2024. Applicants' case is similar to co-accused - Anukriti Yadav and seek parity. Applicants have no previous criminal history. It is further submitted by learned counsel for applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. It is further argued that no prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time.

4. Learned A.G.A. opposed the prayer but does not dispute the factual matrix, as well as, parity.

5. It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicants are granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

6. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicants. The applicants have no criminal history.

7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

8. In view of the above, the applicants are granted anticipatory bail in respect of offence described in para-2 of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court 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 themselves 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 concerned.

(iv) In the event, applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing.

(v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required.

(vi) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence