In an anticipatory bail application under Section 438 CrPC, the Single Judge of Court No. - 50 rejected the prayer at the threshold, noting specific allegations in the FIR and the lack of good ground for bail at this stage.
Application rejected at this stage.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5823 of 2021
Applicant :- Shubham Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Tripathi 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. 268 of 2018, under Sections - 420 I.P.C. and 66-D, I.T. Act, Police Station - Kairana, District - Shamli.
Urge has been made on behalf of the applicant 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. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail.
In this case, bare perusal of the first information report itself shows that the allegations are specific against the applicant. In case the applicant has any grievance, he may avail remedy before the appropriate forum. No good ground is made out for anticipatory bail.
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 :- 16.8.2021 Raj
1 provisions across 1 enactments
Shubham Kumar
Arvind Kumar Mishra
As recorded by the court registry
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