Kalua v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7027 of 2021

Applicant :- Kalua Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar 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.256 of 2020, under Sections 3/5/8 Cow Slaughter Act, Police Station Kotwali, District - Rampur, during the pendency of trial.

Contention, in brief, is that the applicant had 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. The applicant has definite apprehension that he may be arrested by the police any time. In case the applicant are 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.

Upon consideration of the facts and circumstances of the case, it appears that insofar as the principle of granting anticipatory bail is concerned, obviously the applicant is required to come out specifically that the allegations are false and have got no base to stand. It is not so in this case as accusations are well founded and arguments raised before this Court can be raised by filing regular bail before the appropriate forum regarding which no observation need be made by this Court. No good ground is made out for anticipatory bail.