Single judge dismissed anticipatory bail application holding that since admissions in FIR reveal involvement, its disposal at bail stage is inappropriate. Petitioner directed to move for regular bail immediately.
Impugned anticipatory bail application dismissed; direction to file regular bail before court below.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4494 of 2021
Applicant :- Nawab Mian And 18 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.,Ravi Shankar Tripathi
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. 83C of 2007, under Sections 395, 397, 427, 452, 504, 506, 307 IPC, Police Station- Kunwargaon, District Budaun.
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
1 issue framed by the court
Whether anticipatory bail can be granted when the allegations are admitted and the case requires a detailed inquiry at the stage of regular bail.
1 provisions across 1 enactments
Nawab Mian and 18 Others
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
