The court disposed of an anticipatory bail application, observing that substantive allegations exist against the applicant. It directed the applicant to seek regular bail from the court below within three weeks.
Applicant directed to move bail application before court below within three weeks for consideration.
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Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9126 of 2021
Applicant :- Farhat Jahan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, 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 applicant seeking anticipatory bail in Case Crime No.150 of 2019, under Sections - 406, 420, 504, 506 I.P.C., Police Station - Charthawal, District - Muzaffarnagar during the pendency of trial.
Urge made on behalf of the applicant is confined to the ambit that the charge sheet has been submitted against the applicant in this case. The applicant has no nexus with the crime in question. She has been falsely implicated in this case. No offence has been committed by the applicant. The allegations levelled against the applicant are false and baseless. In case the applicant is 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 applicant. No good ground is made out for interference.
However, the relief sought by the applicant can be well obtained by moving appropriate regular bail application before the court concerned. Therefore, it is provided that in case the applicant appears
before the court concerned within three weeks from today and moves appropriate application for bail, the same shall be considered and disposed of by the court concerned, keeping in view Section 437 Cr.P.C. as the applicant is a lady, 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 :- 2.8.2021 rkg
1 issue framed by the court
Whether anticipatory bail should be granted at this stage of the trial.
1 provisions across 1 enactments
Farhat Jahan
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
