Single judge dismissed an anticipatory bail application, holding that admissions in the FIR indicate involvement, making the arguments relevant only at the regular bail stage. The applicant directed to approach the lower court for regular bail.
The court directed the lower court to consider the bail application and pass a speaking order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4114 of 2021
Applicant :- Smt.Rajenti Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Singh 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. 542 of 2020, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station- Bidhnoo, District Kanpur Nagar.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that applicants were involved in the offence in the question. Therefore, the arguments advanced here are arguments to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicants are free to agitate their claim at the stage of regular bail before the appropriate court. Court below is directed to consider their bail application and pass speaking and reasoned order in accordance with law, preferably, on the same day.
In view of above, this 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 :- 28.7.2021
Raj
Smt.Rajenti Devi And Another
Arvind Kumar Mishra-I,J.
As recorded by the court registry
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