Extracted from the PDF above. The PDF is authoritative.
Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6633 of 2024 Applicant :- Dharmpal Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Vipan Kumar Counsel for Opposite Party :- G.A.,Om Prakash Katiyar Hon'ble Deepak Verma,J.
1. Heard Sri Sunil Kumar Singh, learned counsel for the applicant, Sri Om Prakash Katiyar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
2. This anticipatory bail application has been moved seeking bail in Case Crime No. 556 of 2023, under Sections 506, 504, 420, 419, 467, 468 I.P.C., P.S. Kannauj, District Kannauj, till the conclusion of trial.
3. Counsel for the applicant submits that applicant has been falsely implicated in the present case. Vide order dated 18.09.2024, matter was referred to Mediation and Conciliation Centre. As per report of Mediation Centre dated 05.01.2025, both parties appeared on 17.11.2024 but on next dates only applicant appeared, as such, the matter could not be settled. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation.
4. Learned counsel for the informant submitted that applicant and informant are relative and dispute alleged in the FIR is civil in nature. No charge sheet has been submitted and investigation is going on.
5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
6. Let the applicant- Dharmpal, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court
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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited before the S.S.P./S.P. concerned.
7. 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.
8. 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.
9. The instant anticipatory bail application stands allowed.
Order Date :- 6.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad