Neeraj @ Hathi v. State of U.P. and Another

Court No. - 71

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13077 of 2021

Applicant :- Neeraj @ Hathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Pandey,Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant anticipatory bail application has been moved by the accused-applicant for enlarging him on bail in Complaint Case No.5355 of 2017, under Sections 307 I.P.C., P.S. Baraut, District Baghpat.

Learned counsel for the applicant submitted that present F.I.R. has been lodged after about four months by the complaint. It is further submitted that learned Chief Judicial Magistrate without applying of his judicial mind on the statement recorded under Section 200 & 204 Cr.P.C., have summoned the accused. No case is made out out against the applicant.

Learned A.G.A. has vehemently opposed the prayer for bail with the contention that compliant has been registered under Section Section 307 against the applicant and there is evidence against the applicant.

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 anticipatory bail to the applicant in the aforesaid case.