HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 33384 of 2019
Applicant :- Satish Mishra And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon’ble Rajul Bhargava,J.
Heard Sri Rajendra Prasad Tiwari, learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that there is no allegation of any entrustment of wheat so far as the applicants are concerned. The applicants are neither truck owner nor its driver. In the F.I.R. only bald allegation has been made that when the goods were being loaded in the truck, the applicants were also present along with driver and others. According to the prosecution 700 bags of wheat were loaded in the truck which did not reach its destination. It is not disputed that aforesaid bags have not been recovered till date. However, in the present case F.I.R. has been lodged after one and half months of the incident.The applicants have no criminal antecedent to their credit. The applicants undertake to cooperate with the investigation. Therefore, the applicants may be enlarged on anticipatory bail.
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 he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants,Satish Mishra and Manish Mishra involved in Case Crime No. 0339 of 2019 under Sections 406 I.P.C., Police Station Mauranipur, District Jhansi, they shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) SectionCr.P.C. before the competent Court on each of them 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 themselves 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 him 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 11.9.2019