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Moolchand vs State Of U.P. on 24 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 39057 of 2019

Applicant :- Moolchand

Opposite Party :- State Of U.P.

Counsel for Applicant :- Piyush Dubey

Counsel for Opposite Party :- G.A.

Hon’ble Vipin Sinha,J.

Sri Amitabh Patel, learned counsel has put in appearance on behalf of the first informant, the same is taken on record.

Heard Sri Piyush Dubey, learned counsel for the applicant, Sri Amitabh Patel, learned counsel for the first informant and Sri Mithlesh Kumar, learned AGA appearing for the State and perused the record.

I have perused the FIR as well as the order by means of which the anticipatory bail application moved on behalf of the applicant has been rejected.

The contention of the counsel for the applicant that applicant has been falsely implicated in the present case on account of village enmity. He further contended that the present FIR has been lodged after 8 days of the alleged incident. It has been further contended that matter needs a deeper and fairer investigation before any arrest should be given effect to. The applicant is willing to participate and cooperate with the investigation. Therefore, the applicant may be enlarged on anticipatory bail.

Learned counsel for the first informant as well as learned A.G.A. appearing for the State have opposed the prayer for bail.

Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicant, Moolchand, involved in Case Crime No.0692 of 2019, under Section 354, SectionIPC and Section 7/8 POCSO Act, Police Station Tajganj, District Agra, he shall be released on anticipatory bail 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 applicant shall make himself available for interrogation by a police officer 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 him 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 he has passport the same shall be deposited by him 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.

Order Date :- 24.9.2019

VKG

 

 

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