HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 1041 of 2020
Applicant :- Viresh Kumar @ Vinesh Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Seema,Kuldeep Singh Yadav
Counsel for Opposite Party :- G.A.
Hon’ble Ramesh Sinha,J.
Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that initially FIR was registered under Section 406 IPC but subsequently the same has been converted for offence under Section 342, 395, 397, 120-B, 412 IPC. The present FIR has been lodged against the applicant just to malign his image in the society.
Learned A.G.A. opposed the prayer for bail and pointed out that the applicant has criminal history of one case under Section 324 IPC which is of the year 2019 to which learned counsel for the applicant states that in the said case applicant has been falsely implicated and besides the same there appears to be no criminal antecedents against the applicant.
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 Viresh Kumar @ Vinesh Kumar, involved in Case Crime No.418 of 2019, u/s 342, 395, 397, 120-B, 412 IPC, P.S. Kurawali, district Mainpuri 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 he has 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 applicant 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 :- 29.1.2020