Court granted anticipatory bail to applicants Subhash and Tuhiram, subject to a personal bond of Rs. 50,000 and two sureties, valid until cognizance is taken or for 45 days. Standard conditions of interrogation and non-interference were imposed.
Anticipatory bail allowed for 45 days or till cognizance is taken on police report, whichever is earlier.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6212 of 2021
Applicant :- Subhash And Another Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.,Nitin Raj Singh,Raj Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, Sri Nitin Raj Singh, learned counsel for the informant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Subhash and Tuhiram, with a prayer to release them on bail in Case Crime No.319 of 2020, under Sections-147, 148, 149, 307, 506 I.P.C., Police Station- Gonda, District-Aligarh, during pendency of trial.
Sri Nitin Raj Singh, learned counsel for the informant, submits that charge-sheet has already been submitted against the applicant but he is not clear whether cognizance is taken by the court or not till date.
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 :- 22.3.2021 SS
1 issue framed by the court
Whether the applicants are entitled to anticipatory bail during the pendency of trial or till cognizance is taken on the police report.
2 provisions across 1 enactments
Subhash
Tuhiram
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
