Held that no good grounds for anticipatory bail were made out on merits but the application was disposed; applicant advised to seek regular bail before appropriate forum.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4964 of 2021
Applicant :- Chintamani Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Patel Counsel for Opposite Party :- G.A.
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.115 of 2019, under Sections - 147, 452, 323, 504, 506, 354, 427 I.P.C. and 3 (1) (Da) (Dha) SC/ST Act, Police Station - Pawara, District - Jaunpur 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 :- 26.7.2021
rkg
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant in Case Crime No.115 of 2019 pending trial.
2 provisions across 1 enactments
Chintamani Patel
State of U.P.
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
