Allahabad High Court
Prem Chand vs State Of U.P. Through Secretary ... on 1 August, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30959 of 2019
Applicant :- Prem Chand
Opposite Party :- State Of U.P. Through Secretary (Home), U.P. And 3 Others
Counsel for Applicant :- Dhiraj Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri D.K. Pandey, learned counsel for the applicant, Sri G.P. Singh, learned AGA for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is working as Boring Technician in the office of Block Development Office, Bijnor and he is going to retire in October, 2019, the said fact is mentioned in para no.10 of the present anticipatory bail application. It is stated that the present FIR has been lodged against the applicant just for his harassment in order to spoil his service career. The money which was paid was at the house of Mukesh Sharma who has already been charge sheeted. The applicant had earlier approached this Court by filing Criminal Misc. Writ Petition No.2070 of 2019 which was disposed of by coordinate Bench of this Court on 24.1.2019, copy of the said order is annexed on page 33 of the present anticipatory bail application.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Prem Chand, involved in Case Crime No.724 of 2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, P.S. Sadar Bazar, district Saharanpur, he 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 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 applicant shall make themselves available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant 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 applicant.
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 applicant.
The applicants is 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
Gaurav
