Kakul Vs State of U.P and 2 Others

Court No. - 77

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10972 of 2022

Applicant :- Kakul Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Avnish Kumar Srivastava,Mohammad Anas Raza,Parvez Alam Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Avnish Kumar Srivastava, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

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The present application has been filed by the applicant with the prayer to release him on anticipatory bail in Case Crime No. 140 of 2022, under Sections 307, 504, 506/34 I.P.C., Police Station Kotwali, District Meerut.

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As per the FIR allegation someone knocked at the door of the informant at about 11.30 pm on 20.07.2022 and he was attacked by accused persons including the applicant and various empty cartridges etc. have been found. It is also alleged that the accused persons were armed with lathi, danda etc.

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Learned counsel for the applicant submits that the applicant has no prior criminal history and has been falsely implicated in the present case and there is no injury caused to informant. Attention of the Court has been invited to G.D. No.007 in which the informant has denied to get himself medically examined. Submission is that the applicant has been implicated in an imaginary incident on account of village enmity. He further submits that co-accused of this case namely, Mohd. Umar and Sarfaraj, have already been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Nos.11100 of 2022 and 8642 of 2022, therefore the applicant is also entitled to be released on bail on the ground of parity.

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Although the present bail application is opposed by learned A.G.A. but the facts asserted on behalf of the applicant have not been specifically disputed.

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I have heard learned counsel for both the parties and have perused the record of the case.

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Having considered the respective submissions advanced and

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upon perusal of the materials placed on record as also considering the fact that there is no injury caused to the informant, without expressing any opinion on the merits of the case, I find that it is a fit case in which applicant may be released on anticipatory bail during the pendency of investigation. Therefore, instant anticipatory bail application is allowed and in the event of arrest of the applicant- Kakul involved in the aforesaid case crime, he shall be released on anticipatory bail during the pendency of investigation on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

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(ii) 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 with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the Court;

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In default of any of the conditions, the informant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 2.1.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Kakul v. State of U.P and 2 Others

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Kakul v. State of U.P and 2 Others

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