Anticipatory bail can be granted when there is no prima facie case, societal harm, or risk of evidence tampering.

JUDGMENT :

Vikram D. Chauhan, J.

1. Heard learned counsel for the applicant 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 applicant - Virendra in Case Crime No. 269 of 2024 under Sections 341, 504, 307 I.P.C., Police Station - Amroha Dehat, District - J.P. Nagar (Amroha).

3. It is submitted by learned counsel for the applicant that previously the applicant had approached this Court and anticipatory bail was granted on 08.08.2024 by this Court in Anticipatory Bail Application No. 6991 of 2024 till submission of charge-sheet. Now the charge-sheet has been submitted and summoning order has been issued.

3-A. Learned counsel for the applicant submits that facts and circumstances of the case demonstrates that applicant at the best is liable for bailable offences and in view of the fact that applicant was granted anticipatory bail, his anticipatory bail is liable to be extended. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further argued that no prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.

4. Learned A.G.A. opposed the prayer but does not dispute the factual matrix.

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 applicant 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 applicant is 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 applicant. The applicant has 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 applicant 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 applicant is granted anticipatory bail in respect of offence described in para-2 of the present order. In the event of arrest of the applicant, he shall be released on anticipatory bail on his 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 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 concerned.

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

(v) The applicant shall cooperate with the investigation and make himself/herself available for interrogat