In CRIMINAL MISC ANTICIPATORY BAIL A.P. No. 1573 of 2021, the court rejected an application filed by Shahroz Khan seeking anticipatory bail in a criminal trial. The court found specific allegations and suppression of facts, finding no good ground for anticipatory bail.
Application for anticipatory bail rejected at this stage.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1573 of 2021
Applicant :- Shahroz Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- G.A.,Javed Habib
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 applicant seeking anticipatory bail in Case Crime No.1141 of 2020, under Sections - 323, 504, 427, 307, 395 I.P.C., Police Station - Baradari, District - Bareilly during the pendency of trial.
Learned counsel for the applicant has urged that the applicant has no concern with the offence alleged against him. The applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant.
Learned A.G.A. has submitted that in this case, injury report is already available on record which shows that injury has been caused to the injured in the incident. However, it has been averred in this application itself and affidavit that it is a case of no injury. The applicant is guilty of suppressing facts of the case.
In this case, bare perusal of the first information report itself shows that the allegations are specific against the applicant. The applicant has suppressed facts of the case. Therefore, no good ground is made out for anticipatory bail. In case the applicant has any grievance, he may seek regular bail before the court concerned.
Consequently, the instant anticipatory bail application is rejected, at this stage.
It is made clear that observation made in this order shall have no bearing on the merits of the case.
Order Date :- 26.7.2021 rkg
1 issue framed by the court
Whether anticipatory bail ought to be granted to the applicant who alleges he is innocent and falsely implicated.
1 provisions across 1 enactments
Shahroz Khan
State Of U.P.
Arvind Kumar Mishra-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
