Rishabh Singh Vs State of U.P. and Another

Court No. - 66

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1090 of 2020

Applicant :- Rishabh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Chandel Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Manoj Kumar Chandel, learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.

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It has been contended by learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated by the police in this case. The incident of theft took place in the house of first informant on 8.11.2019 at 1 AM by some unknown thieves. During investigation, the police worked out the case and arrested some of the accused in connection with the aforesaid theft. In the confessional statement of co-accused Gopal Sharma, the name of the applicant surfaced that the applicant is also involved in the theft and the stolen goods are kept in his custody. He has further argued that the applicant was falsely implicated in another case being Case Crime No.208 of 2019, under Sections 380, 511 I.P.C. and in that case also Gopal Sharma, accused in the present case was arrested on the spot and had disclosed the name of the applicant. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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

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Without expressing any opinion on the merits of the case, considering the nature of accusation as well as the facts and circumstances of the case, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant- Rishabh Singh involved in Case Crime No. 198 of 2019, under Sections 380, 411 I.P.C., Police Station- Kotwali Saiyad Raja, District Chandauli, he shall be released on anticipatory bail on his 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:-

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that the applicant shall make himself available for interrogation by a police officer as and when required;

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that 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 officer or tamper

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with the evidence;

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that the applicant shall not leave India without the previous permission of the court;

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that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;

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that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;

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that the applicant is directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;

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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the Court of Sessions, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/committal of the case to the Court of Sessions.

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In view of aforesaid, the present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed .

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Order Date :- 14.2.2020 Vikas

Rishabh Singh v. State of U.P. and Another

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Rishabh Singh v. State of U.P. and Another

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