Shah Alam and 8 Others v. State of U.P.

Court No. - 1

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2405 of 2020

Applicant :- Shah Alam And 8 Others Opposite Party :- State of U.P. Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A.

Hon'ble Ramesh Sinha,J.

Heard Sri Rajesh Sharma, learned counsel for the applicants, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the record.

It has been contended by the learned counsel for the applicants that there are cross reports of the incident in which both sides have received injuries. He submits that civil litigation is going on before the competent civil court in which interim injunction has been granted in favour of the applicants on account of which they have been falsely implicated in the present case by the complainant, hence anticipatory bail may be granted to the applicants.

Learned A.G.A. has vehemently opposed the prayer for bail and submitted that as per the medical examination report, the injured/informant has received one stitch wound on his head. Learned A.G.A. has further pointed out that the applicant has directly approached this Court to which learned counsel for the applicants submits that due to Covid-19, the applicants could not approach before the court concerned.

Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of anticipatory bail to the applicants Shah Alam, Badre Alam, Sadre Alam, Mohammad Akram, Seraj Ahmad, Javed Ahmad, Hayat Ullah, Mahfooz and Raju Singh involved in Case Crime No. 06 of 2020 under sections 147, 148, 149, 324, 504 and 308 I.P.C., police station Khalilabad, District Sant Kabir Nagar.