Ravi @ Dimmi @ Anil @ Raja v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52954 of 2019

Applicant :- Ravi @ Dimmi @ Anil @ Raja Opposite Party :- State of U.P. Counsel for Applicant :- Prabhu Narain Srivastava,Suresh Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Yashwant Varma,J.

Heard learned counsel for the applicant, Sri I.P. Srivastava, the learned A.G.A. for the State and perused the record.

The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 35 of 2019, under Sections 147, 148, 149, 332, 352, 353, 379, 336, 504 and 506 I.P.C., police station Kachhwa, District Mirzapur.

For the purposes of evaluating the prayer for grant of anticipatory bail the Court notes that it is submitted that the applicant was not at Kachhwa where the incident took place but at Varanasi. This assertion is based on the CCTV Footage which is appended alongwith the supplementary affidavit. However in that affidavit it is nowhere stated that the images captured in the CCTV are in respect of the residence of the applicant at Varanasi and not at Kachhwa. The second submission which is addressed is that on 21 February 2019, the applicant had submitted a complaint alleging mala fides against one Sub Inspector whom it was alleged was regularly demanding illegal gratification. It becomes pertinent to note that the aforesaid application alleging demand of illegal gratification was made only on 21 February 2019 and after the first information report had been lodged. Additionally the Court bears in mind that the first informant is a Sub Inspector of Maharashtra Police who