Suresh Kumar Gupta, J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No. 271 of 2021 under Section 420, 467, 468, 471, 424, 147, 323, 504, 506 IPC at Police Station Sachendi, District Kanpur Nagar.
3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case just to harass the applicant. The applicant was not named in the first information report and his name disclosed during investigation but no specific role has been assigned to him. The co-accused Vishnu Babu Diwakar, who was named in the first information report, has already been granted anticipatory bail vide order dated 07.03.2022 in criminal misc. anticipatory bail application no. 942 of 2022. Further submission is that without collecting any cogent evidence against the applicant, the name of the applicant has been disclosed in this case. Further submission is that the applicant is ready to furnish the adequate sureties and bail bonds,if he is released on interim bail and also undertakes that he will cooperate in the investigation.
4. Learned A.G.A. vehemently opposed anticipatory bail application and has submitted that the applicant is involved in this case. The offence is serious in nature. Thus, the anticipatory bail application of the applicant is liable to be rejected.
5. Having considered the submission of learned counsel for parties and taking into consideration the nature of offence, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
6. In the event of arrest, let the applicant-Dinesh, be released forthwith in the aforesaid case crime number on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/ Investigating Officer S.H.O. concerned till filing of police report under Section 173(2), Cr.P.C. on the following conditions:
(i) The accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation:
(ii) The accused-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 them from disclosing such facts to the court or to any police officer, and
(iii) The accused-applicant shall not leave India without the previous permission of the Court.
7. The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
8. In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
9. The present anticipatory bail application stands disposed of.