An anticipatory bail application filed by five accused pending trial in a criminal case involving Sections 147, 148, 149, 452, 307, 323, and 324 IPC was dismissed as the charge sheet was already submitted and no grounds were made out for anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12369 of 2021
Applicant :- Shahbe Aalam Alias Shahabe And 5 Others
Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No.358 of 2021, under Sections -147, 148, 149, 452, 307, 323, 324 I.P.C., Police Station Naubasta, District - Kanpur Nagar, during the pendency of trial.
Claim of the applicants is that in this case, though injuries were caused to the injured, however, there is no injury report as such on record. The applicants have no nexus with the offence in question and they have been falsely implicated in this case. The allegations levelled against the applicants are vague and baseless and without any substance. The applicants have definite apprehension that they may be arrested by the police any time. In case the applicants are granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned A.G.A. appearing for the State has submitted that in this case, the police after due investigation filed charge sheet against the applicants and it cannot be said that it is a case where no injury has been caused to the injured and statement of the witnesses are also on record.
Considered the submissions.
Insofar as urge for anticipatory bail is concerned, the same is denied on the ground that charge
sheet has been submitted against the applicants and the case does not fall within category of false accusation. The case needs to be decided on merits.
Further, insofar as the principle of granting anticipatory bail is concerned, obviously the applicants are 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 regarding which no observation need be made by this Court. No good ground is made out for anticipatory bail.
If the applicants have any grievance, they 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 :- 1.9.2021
rkg
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.09.07 11:51:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Shahbe Aalam Alias Shahabe And 5 Others
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
