Court granted anticipatory bail to Ankit and Yogesh for 45 days or till cognizance on furnishing bond with two sureties, subject to conditions regarding interrogation and international travel.
Anticipatory bail granted for 45 days or till cognizance on furnishing personal bond of Rs.50,000 with two sureties.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4483 of 2021
Applicant :- Ankit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State. The instant anticipatory bail application has been filed on behalf of the applicants, Ankit and Yogesh , with a prayer to release them on bail in Case Crime No. 24 of 2021, under Sections147,149,336,323,504,427,341,188 I.P.C., and 7 Criminal Law Amendment Act,1932 Police Station- Sasani Kotwali, DistrictHathras , during pendency of trial.
Learned for the applicants has submitted that no charge sheet has been filed against the applicants.The investigation is still going on. The alleged offences are not made out against the applicants.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused persons, they deserve to be enlarged on anticipatory bail for a period of 45 days or till the cognizance is taken by the Magistrate on the police report submitted u/s 173 (2) Cr.P.C. before the competent Court,whichever is earlier, on 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 Court, subject to the following conditions :-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required;
(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 from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. concerned.
(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.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of
anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 25.3.2021 Atul kr. sri.
2 issues framed by the court
Whether the applicants deserve to be enlarged on anticipatory bail pending trial during investigation.
Whether the investigation can be concluded expeditiously without prejudice to bail conditions.
2 provisions across 2 enactments
Ankit
Yogesh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
