Allahabad High Court
Jitendra And Another vs State Of U.P. And 2 Others on 1 August, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29932 of 2019
Applicant :- Jitendra And Another
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Kuldeep Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Kuldeep Kumar, learned counsel for the applicants, Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the incident took place on 23.01.2019 and the FIR was lodged after inordinate delay of four days and there is no satisfactory explanation of the delay. He further submitted that it is a case of no injury. The present FIR has been lodged against the applicants just to malign their image in the society. The applicants have no other reported criminal antecedent.
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 they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case even learned AGA has also not able to produce the medical report of the injured.
In the event of arrest of the applicants-Jitendra and Darshan involved in Case Crime No.79 of 2019, under Sections 386, 504, 506, 307 I.P.C., Police Station Kotwali Dehat, District Bulandshahar, they 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 his 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 applicants shall make themself available for interrogation by a police office 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 them from disclosing such facts to the Court or to any police office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 certified 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 applicants.
The applicants are directed to produce a certified 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.
Order Date :- 1.8.2019
Nitin Verma
