Anticipatory bail application under Section 438 CrPC dismissed. The court held that the applicant failed to show that allegations are false, and the matter requires regular bail proceedings for merit-based adjudication.
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Court No. - 50 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10599 of 2021 Applicant :- Ale Hasan Opposite Party :- State of U.P. Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.0092 of 2021, under Sections - 3/5/8 Prevention of Cow Slaughter Act, Police Station Sahawar, District - Kasganj, during the pendency of trial.
Contention, in brief, is that so far as the role of the present applicant is concerned, he is neither involved in this case nor has he committed any offence nor has any recovery been effectuated from him. The allegations are solely based upon confessional statement of the co-accused. It is alleged that the applicant was absconder at that point of time. It being so, the involvement of the applicant is highly doubtful. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned A.G.A. has contended that insofar as the arguments of the learned counsel for the applicant are concerned, the merit would be absolutely justifiable at the time of argument when regular bail is moved by the applicant but it cannot form base of the anticipatory bail.
Argument advanced by learned A.G.A. is sustained.
Insofar as the principle of granting anticipatory bail is concerned, obviously the applicant is required to come out specifically that the allegations are false and have got no base to stand. It is not so in this case as accusations are well founded and arguments raised before this Court can be raised by filing regular bail before the appropriate forum. No good ground is made out for anticipatory bail.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that observation made hereinabove shall have no bearing on merits of the case.
Order Date :- 13.8.2021 rkg
1 provisions across 1 enactments
Ale Hasan
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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