Dilshad v. State of U.P.

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6128 of 2022

Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 626 of 2022, under Sections 354A, 323, 504, 506, 376, 511 IPC, P.S. Sahibabad, District Ghaziabad, with the prayer that in the event of arrest, applicant may be released on bail.

It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. According to the prosecution version, the applicant has agreed to sell his tempo vehicle no. UP 14 CT 0915 to the complainant and that informant has paid Rs. 40,000/- to him and rest of the amount was to be paid in 12 installments of Rs. 9800/- but later on applicant refused to transfer the said vehicle in the name of informant. It was also alleged that on 26.04.2022 applicant has outraged her modesty and told her that he would transfer the vehicle, if she would establish physical relations with him. The alleged incident has been shown of 26.04.2022 but first information report has been lodged on 07.05.2022. The complainant is a mature lady and that essentially the dispute