In this Criminal Misc. Application under S. 438 Cr.P.C., the Single Judge rejected the prayer for anticipatory bail by holding that the filing of the charge sheet precludes its grant and no threat of arrest or extraordinary circumstances were demonstrated by the applicants.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13003 of 2021
Applicant :- Govind Singh And 14 Others Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed by the applicants Govind Singh, Maneesh Bind, Ramnath Mallah, Vijay Vikram Pandey, Anurag Pandey, Nawal Kishor Pandey, Akhilesh Singh, Maneesh Pandey, Mahaveer Sahani, Dimpal, Upendra, Bhagwan Ji Sahani, Mantu Sahani, Sripati Singh and Brijesh Kumar Singh in Case Crime No. 54 of 2021, under sections 147, 148, 149, 324, 323, 504, 506, 308 I.P.C., P.S.- Bansdeeh Road, District - Ballia.
Submission of the learned counsel for the applicants have been falsely implicated in the present case. On the same day, one first information report was also lodged from the side of the applicants against the informant side and as a counter blast, the present first information report has been lodged. The first information report has been lodged on account of political rivalry which was due to election of Gram Pradhan. The injuries sustained by the injured shows that all the accused-applicants must not have assaultd the injured. It is further submitted that applicants have no criminal history and applicants are prepared to furnish sureties and bonds, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that charge sheet has already been filed in the matter and there is no question of anticipatory bail being granted to the applicants.
Considering the submissions of both the sides. Charge sheet has been already filed and as such the applicants have appropriate forum to seek regular bail. it is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking
recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. The applicants have not been able to show any real threat of arrest or any extraordinary circumstances. Secondly, the first information report has been lodged on 20.04.2021 and more than three months have already passed but there is nothing on record to show that any serious efforts have been made by the police to arrest the applicants, hence, the second condition of threat of arrest is also not fulfilled, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicants is rejected .
Regular bail application may be given before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously and preferably on the same day in accordance with law.
Order Date :- 5.8.2021 sailesh
3 issues framed by the court
Whether antecedents of threat of arrest and extraordinary circumstances exist to grant anticipatory bail after charge-sheet filing.
Whether the delay in filing first information report negates the necessity of anticipatory bail.
Whether applicants should be granted regular bail in the appropriate forum instead of anticipatory bail.
Govind Singh And 14 Others
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
