BHARAT SINGH AND 2 OTHERS – Appellant
Versus
State of U.P. AND ANOTHER – Respondent
ABAIL 10784/2021
['MANISH KUMAR PANDEY', '', 'SHASHI PRAKASH GIRI', 'G A']
Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 10784 of 2021
Applicant :- Bharat Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Manish Kumar Pandey,Shashi
Prakash Giri
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Manish Kumar Pandey, learned counsel for
applicants and learned AGA for the State.
This anticipatory bail application has been filed on behalf of
three applicants namely, applicant no. 1-Bharat Singh S/o
Sukhram, applicant no. 2-Babu S/o Praveen Singh and applicant
no. 3-Rajendra Singh S/o Om Prakash, on account of
registration of Case Crime No. 0131 of 2021 under Sections
366, 504, 506 IPC at Police Station-Najibabad, District-Bijnor.
It is submitted that main accused is Akshay Kumar @ Rimpi
S/o Bharat Singh and has already been arrested.
Reading the contents of the FIR in Para-12, it is submitted that
main allegation of abducting sister of the complainant is on
Akshay Kumar @ Rimpi and his accomplish, who have been
mentioned as brother-in-law (saala) of Rajendra Babu. Learned
counsel for applicants categorically states, across the bar, that
none of the three applicants are brother-in-law (saala) of
Rajendra Babu.
Learned AGA opposes the prayer for grant of anticipatory bail.
In view of such facts and taking into consideration that omnibus
allegations have been made against Bharat Singh, Babu and
Rajendra Singh, who are applicants before this Court, and girl
has been recovered, therefore, taking into consideration the
gravity and nature of accusation and there being no possibility
of their fleeing from process of justice delivery, this Court is of
the view that it is a fit case for grant of anticipatory bail to the
applicants.
Accordingly, let applicants namely, Bharat Singh, Babu and
Rajendra Singh implicated in the aforesaid case be released on
anticipatory bail on their furnishing a personal bond of Rs.
50,000/- 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 themself available for
interrogation by a police officer as and when required, by
approaching said police officer within 30 days from today.
(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 officer or tamper with the
evidence.
(iii) The applicants shall not leave India without the previous
permission of the Court.
(iv) The party shall file computer generated copy of such order
downloaded from the official website of High Court Allahabad.
(v) 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.
(vi) In default of any of the conditions mentioned above or in
case it is found that applicants have obtained this order
concealing any material facts, the investigating officers shall be
at liberty to file appropriate application for cancellation of
anticipatory bail granted to the applicants.
In above terms, case is disposed off.
Order Date :- 15.6.2021
Vikram/-