Court rejected Babu Lal’s bail application. Upheld impugned order. Found prima facie case exists. Defer evidence-based plea to trial court.
Prayer for anticipatory bail refused.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38619 of 2019 Applicant :- Babu Lal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Ashok Kumar Mishra, learned counsel for the applicant and Sri V. K. Pandey, learned AGA appearing for the State and perused the record.
I have perused the FIR as well as the order by means of which the anticipatory bail application moved on behalf of the applicant has been rejected.
The contention of the counsel for the applicant is that the applicant has been falsely implicated in the present case. It has been further contended that matter needs a deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. appearing for the State has very strongly opposed the prayer for bail and contended that looking to the gravity of the offence, the applicant is not entitled to be enlarged on anticipatory bail.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The court concerned at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
Accordingly, the present anticipatory bail application is hereby rejected.
Order Date :- 24.9.2019 VKG
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail given the gravity of the offence and lack of prima facie illegality in the impugned order.
Whether a deeper investigation is required before arrest can be given effect to in the present case.
If the impugned order granting rejection of anticipatory bail suffers from any infirmity or illegality.
Babu Lal
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
