Single judge dismissed an anticipatory bail application, observing that grounds were not good. The court cited Section 41(1) Cr.P.C. but disposed of the matter without deciding on merits.
Anticipatory bail application disposed; applicant directed to seek regular bail.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13757 of 2021
Applicant :- Sunil @ Bauwa Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Garg,Alok Kumar Srivastava
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant 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. 87 of 2021, under Sections - 363, 506 I.P.C., Police Station - Kotwali Dehat , District - Banda, during the pendency of trial.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicant is basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment up to 7 years is prescribed then protection of Section 41 (1) Cr.P.C. is available to the applicant. The court or the police, as the case may be, shall act in consonance with the spirit of the same.
If the applicant has any grievance, he may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 29.7.2021 S Rawat
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:50:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted in the FIR mentioned.
3 provisions across 2 enactments
Sunil @ Bauwa
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
