Allahabad High Court
Dharmendra Kumar And Another vs State Of U.P. on 7 August, 2020
Author: Siddhartha Varma
Bench: Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2894 of 2020 Applicant :- Dharmendra Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mayank Counsel for Opposite Party :- G.A. Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State and perused the records.
The applicants are seeking anticipatory bail in connection with Case Crime No.-50 of 2020, Under Section 147, 332, 353, 504 IPC, Police Station -Khair, District - Aligarh.
It is the contention of the learned counsel for the applicants that the case against the applicants has been concocted by the police and there is no injury to police from whom it is alleged that the applicants along with other co-accused persons had tried to get released Rahul and six others. Applicants have no criminal history. He further submitted that the applicants have always been ready and willing to co-operate in the investigation.
The Court finds it appropriate that if till date the applicants have not absconded and if they are cooperating with the investigation then no useful purpose would be served by arresting the applicants.
Learned Additional Government Advocate has opposed the prayer for anticipatory bail but he has not been able to deny the fact that the investigation has lingered for several years.
Considering the overall facts and circumstances, without commenting on the merits of the case, this Court is of the opinion that the applicants deserve to be granted anticipatory bail in connection with the aforesaid case.
Accordingly, the anticipatory bail application is disposed of with following directions:-
(A) In the event of arrest of the applicants, namely, Dharmendra Kumar and Mukesh Kumar, be set at liberty on their furnishing a personal bond of Rs. 50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;
(B) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(C) 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 officer; and (D) The applicants shall not leave India without the previous permission of the Court.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant would be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 7.8.2020 Siddhant