The Court granted anticipatory bail to the registered owner of a tractor accused of theft and mischief, allowing release upon personal bond and sureties pending the police report.
Anticipatory bail granted on personal bond of Rs.25,000 with two sureties each in like amount.
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Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3994 of 2020
Applicant :- Anjani Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Ram Naresh Shukla holding brief of Ms. Ruchita Jain, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the applicant is the registered owner of the tractor in question in which sand was being loaded, copy of the registration certificate of the said tractor is annexed as Annexure No.3 to the present anticipatory bail application. The FIR was registered against unknown persons on the basis of the papers found of the tractor, thereafter the applicant has been stated to be involved in the present case. The driver of the said tractor had fleen from the place of incident. The present FIR has been lodged against the applicant just to malign his image in the society. The applicant has no other reported criminal antecedent, the said fact is mentioned in para no.20 of the present anticipatory bail application.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant-Anjani Kumar Tiwari, involved in Case Crime No.105 of 2020, u/s 379, 411 IPC and Section 3, 57, 7 of U.P. Mines and Minerals (Prevention) Rules, 1963, P.S. Lahchura, district Jhansi, he 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 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 officer;
(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 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 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.7.2020
Gaurav
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in proceedings under Sections 379 and 411 IPC.
Whether the申请人 has any criminal antecedents affecting the grant of bail.
3 provisions across 2 enactments
Anjani Kumar Tiwari
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
