This judgment deals with anticipatory bail application under IPC sections 419 to 471. The court rejected the application, finding the prayer misconceived as the applicant had no prima facie right to the property recordal sought in the FIR.
The application for anticipatory bail is rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54057 of 2019
Applicant :- Lavendra Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra 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 as well as Sri Sudhir Dixit, learned counsel for the informant 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.65 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Gabhana, District Aligargh.
The Court finds itself unable to countenance the prayer for grant of anticipatory bail since it is prima facie established that although the gift was made in favour of the then Secretary of the institution, the applicant who claims to be the President of the society which manages that institution has managed to obtain a recordal of his name in the relevant records. It is on that basis that the FIR has come to be lodged. Presently and on the material which is placed before the Court, the Court finds no ground which may establish any right inhering in the applicant to claim or seek recordal of his name over the property in question. The prayer for grant of anticipatory bail is misconceived.
Consequently, the application is rejected .
Order Date :- 12.12.2019 Vivek Kr.
2 issues framed by the court
Whether the applicant has a prima facie right to recordal of his name over the property in question to justify anticipatory bail.
Whether the apprehension of arrest in the cited criminal case warrants the grant of anticipatory bail.
1 provisions across 1 enactments
Lavendra Sharma
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
