Samit Gopal,J.

1. Heard Sri Piyush Dubey, learned counsel for the applicants and Sri S.B. Maurya, learned counsel for the State and perused the record.

2. The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants-Komal Singh, Rakesh and Dhanwan, seeking anticipatory bail, in the event of arrest in Case Crime No.95 of 2021, under Sections 147, 148, 149, 188, 269, 270, 307, 323, 336, 427, 504, 506 IPC anad 3/4 Epidemic AAct, 7 Crl. Law Amendment Act, Police Station Dauki, District Agra.

3. Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P. This anticipatory bail application is thus being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.

4. Learned counsel for the applicant argued that the applicants have been falsely implicated in the present case. It is argued that although the applicants are named in the FIR but their naming is on the basis of statement of co-accused Mahendra who was arrested from the spot. The FIR has been lodged naming 16 persons including the applicants and against 15 to 20 unknown persons. The implication of the applicants in the present case is false. Although Meera wife of Ramhet is alleged to have received injury but there is no specification as to who is the author of the said injury. Co-accused Dharmendra, Chetram, Rampal and Prahlad @ Tonta have been granted anticipatory bail vide order dated 5.10.2021 passed by coordinate Bench of this Court, copy of the said order produced by learned counsel for the applicants is taken on record. The applicants are although reported to be involved in one other case but in the said case, they have received notice under Section 41 Cr.P.C. and they have joined the investigation, para 2 of the supplementary affidavit dated 7.3.2022 has been placed before the Court.

5. Per contra, learned counsel for the State opposed the prayer for anticipatory bail.

6. After having heard learned counsels for the parties and perusing the records, it is evident that the implication of the applicants is on the basis of statement of co-accused Mahendra. Co-accused persons have been granted anticipatory bail by coordinate Bench of this Court.

7. Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.

8. In the event of arrest of the applicants-Komal Singh, Rakesh and Dhanwan involved in aforesaid case, they 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 his furnishing a personal bond of Rs. 50,000/- 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 him before the S.S.P./S.P. concerned.

9. 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.

10. 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 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.

11. The applicant is directed to produce a 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.

12. The present anticipatory bail application under Section 438 Cr.P.C. is allowed.