Dismissed
Dharamvir and 2 Others v. State of U.P.
Allahabad HCABAIL/13719/2021
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC ANTICIPATORY BAIL…
What the court decided
AI extract
Case :- CRIMINAL MISC ANTICIPATORY BAIL…
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13719 of 2021
Applicant :- Dharamvir And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ram Tiwari 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 applicants seeking anticipatory bail in Case Crime No. 425 of 2019, under Sections - 323, 504, 506, 308 IPC, Police Station - Gunnaur, District - Sambhal, during the pendency of trial.
Contention in brief is that in this case the applicants are innocent and they have been falsely implicated in this case on account of village parti bandi . In this case the charge- sheet has been filed and applicants seek protection on the ground that initially after two months of the alleged occurrence an NCR was lodged u/s 504, 506 IPC thereafter the case was registered u/s 325, 323, 504, 506 IPC at Case Crime No.425 of 2019. Now it so happened that after investigation charge- sheet was filed, inter alia , under Section 308 IPC, whereas the injury sustained cannot be brought within the purview of Section 308 IPC. In case the applicants are granted anticipatory bail, there are no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted. However, the applicants may seek regular bail.
In this case, bare perusal of the first information report itself shows that the allegations are specific against the applicants. In case the applicants have any grievance, they may avail remedy before the appropriate forum. No good ground is made out for anticipatory bail.
However, if the applicants have any grievance, they may seek regular bail
before the appropriate forum.
In view of above, this Criminal Miscellaneous Anticipatory Bail Application is disposed off.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Order Date :- 24.8.2021 Raj
Dharamvir And 2 Others
Arvind Kumar Mishra
As recorded by the court registry
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