The court disposed of an anticipatory bail application without deciding merits. It observed that no good grounds were established to change the FIR accusation and noted availability of protection under Section 41(1) Cr.P.C. for punishments up to 7 years.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10081 of 2021
Applicant :- Smt. Deepa @ Deepa Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Criminal Case No. 8939 of 2020 (State of U.P. versus Sanjeev and others), arising out of Case Crime No. 121 of 2020, under Sections - 420, 186 I.P.C., and under Sections - 60, 63 of U.P. Excise Act, 1910, Police Station- Mundha Pande, District - Moradabad, pending in the court of Additional Chief Judicial Magistrate, (Court No.2), Moradabad.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicant is basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment up to 7 years is prescribed, then protection of Section - 41 (1) Cr.P.C. is available to the applicant. The court or the police, as the case may be, shall act in consonance with the spirit of the same.
If the applicant has any grievance, he may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 23.7.2021 S Rawat
2 issues framed by the court
Whether anticipatory bail should be granted in the instant case.
What legal requirements must be satisfied for anticipatory bail under Section 438 Cr.P.C.
2 provisions across 1 enactments
Smt. Deepa @ Deepa Devi And 2 Others
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
