The court disposed of an anticipatory bail application under Section 438 Cr.P.C. holding that no ground for anticipatory bail was made out. The court directed the applicants to file a regular bail application before the concerned court for consideration on the same day.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4772 of 2021 Applicant :- Itwari Lal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Singh Solanki,A.K. Singh Solanki
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No.174 of 2004, under Sections - 147, 148, 149, 307, 336 I.P.C. and 7 Criminal Law Amendment Act, Police Station - Amapur, District - Kasganj, during the pendency of trial.
Urge made on behalf of the applicants is confined to the ambit that both the parties fight with each other and the police arrived on the spot. It is alleged that assault was caused on the police. However, general and vague allegations have been levelled by the police in order to coerce the situation. The allegations are absolutely false The applicants have no nexus with the offence in question. In case the applicants are granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned A.G.A. has opposed the prayer for anticipatory bail.
After considering the rival submissions raised by both the parties and the averments contained in this anticipatory bail application, obviously the documents placed on record carry substantive allegations, which have been backed up by the sufficient material against the applicants. No good ground is made out for interference.
However, the relief sought by the applicants can be well obtained by moving appropriate regular bail application before the court concerned. Therefore, it is provided that in case the applicants appear before the court concerned and move appropriate application for bail, the same shall be considered and disposed of by the court concerned on the same day.
With the aforesaid observation, this application stands disposed of.
The observation made herein above will have no bearing upon the merit of the case.
Order Date :- 26.7.2021 rkg
1 issue framed by the court
Whether anticipatory bail can be granted in the present anticipatory bail application filed under Section 438 Cr.P.C.
Itwari Lal And 3 Others
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
