Ravindra Maithani, J
1. Applicant seeks anticipatory bail in Criminal Case No.706 of 2020, State Vs. Imtiyaz and Others, ( FIR No.104 of 2019), under Sections 420, 467, 468, 471, 379, 411 and 120-B IPC and Section 26 of the Indian Forest Act, 1927, Police Station Gadarpur, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the applicant and the co-accused, under a conspiracy, had forged royalties and bills so as to transport minor minerals. The FIR is quite in detail. After investigation, chargesheet has been filed in the case.
4. Learned counsel for the applicant would submit that during investigation, the arrest of the applicant was stayed by this Court; Now, chargesheet has been filed; summons were issued, and now bailable warrants have been issued.
4. Learned State Counsel would submit that no objection, as such, is required to be filed. The matter may be decided based on the material that is available on record.
5. Chargesheet has already been filed. The applicant is not proclaimed offender and even non-bailable warrants have not been issued against him. Order sheet has been filed, which has been referred to.
7. Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.
8. The anticipatory bail application is allowed.
9. In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-
(i) The applicant shall not approach any witness in any manner, whatsoever.
(ii) The applicant shall not leave the country without prior permission of the court concerned.
(iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.
(iv) The applicant shall also give an undertaking on (i), and (ii) above.
