Advocates:
['SANDEEP KUMAR RAI', '', 'SHYAM NARAIN RAI', 'G A']

Court No. - 72

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S

438 CR.P.C. No. - 14327 of 2021

Applicant :- Mangal Chamar @ Ashish

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Sandeep Kumar Rai,Shyam Narain Rai

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Certified copy of first information report filed by learned counsel for the

applicant, is taken on record.

Heard learned counsel for the applicant, learned A.G.A. appearing for the

State and perused the record.

It is contended on behalf of the applicant that he is innocent and has been

falsely implicated in the present case due to ulterior motive. There is no

independent witness of the alleged incident. The applicant has not

committed any offence as alleged by prosecution and has not purchased

any motorcycle from co-accused Suraj or Neeraj. It is further submitted

that nothing has been recovered from the possession of the applicant and a

false recovery has been shown from the possession of the applicant, which

is planted. The applicant has no criminal antecedent.

Learned A.G.A. opposed the prayer for anticipatory bail.

Without expressing any opinion on the merits of the case, considering the

nature of accusation and the fact that he has no criminal antecedent, the

applicant is entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicant Mangal Chamar @ Ashish involved

in Case Crime No. 151 of 2020, under Sections 401, 379, 411, 413, 414,

420, 467, 468, 471 IPC, Police Station Phoolpur, District Prayagraj, 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.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 applicant shall make himself available for interrogation by a police

officer 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 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 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.

Order Date :- 8.12.2021

Arti