The court disposed of an application for interim anticipatory bail under CrPC s. 438. The applicant was released based on a prior order dated 25.8.2020, noting lack of criminal antecedents and no adverse facts during the interim hearing.
The applicant was enlarged on anticipatory bail in terms of the order dated 25.8.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4402 of 2020
Applicant :- Shambhu Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
"1. Heard Shri Prakash Dwivedi, learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Shambhu, seeking bail in Case Crime No.42 of 2019, under Sections - 419, 420, 467, 468, 471, 409, 119, 120, 120-B, 192, 193, 196, 198 and 200 IPC, Police Station - Haliya, District - Mirzapur, during the pendency of trial.
3. At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Pankali has already been enlarged on interim bail by this Court in Criminal Misc. Anticipatory Bail Application No.1208 of 2020, vide order dated 14.2.2020. Also, it has been submitted that the applicant has no criminal history and he was legally entitled for loan under Pradhan Mantri Awas Yojna. Amount so credited was utilized for construction of house. Applicant is innocent person and he has not committed any offence. For the reasons contained in aforementioned order, the present applicant is also entitled for anticipatory bail.
4. Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant as he has taken loan illegally.
5. Put up this case on 20.10.2020 along with Criminal Misc. Anticipatory Bail Application No.1208 of 2020 in the additional cause list, before the appropriate Bench, and by the said date, counter affidavit be filed by learned A.G.A.
6. Taking into consideration, the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage.
7. In the event of arrest of the applicant - Shambhu involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation till the date fixed, on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicant shall make his 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 or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."
Order Date :- 20.10.2020 Anil K. Sharma
Shambhu
Saumitra Dayal Singh
Anil K. Sharma
As recorded by the court registry
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