Application for anticipatory bail under Section 438 Cr.P.C. was rejected. The court found no convincing grounds for granting relief given the serious charges and the applicant's apprehension being deemed imaginary fear, noting a prior criminal history.
Anticipatory bail application rejected; applicant may avail other legal remedies.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 778 of 2022
Applicant :- Ravi Tiwari Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary Affidavit filed today on behalf of the applicant is taken on record.
Heard Sri Deepak Singh, learned counsel for the applicant, Sri Sanjay Singh, learned A.G.A.-I, appearing on behalf of the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive. He has not committed the alleged offence. The applicant is apprehending his arrest in the present matter.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that in view of the serious charges made against the applicant, apprehension of the applicant is imaginary fear and for this reason he is not entitled for grant of anticipatory bail. It is further submitted that applicant has previous criminal history to his credit.
After hearing the learned counsel for the applicant and learned AGA, and after perusing the averments made in the present anticipatory bail application as well as rejection order of the court below, this Court is of the opinion, that learned counsel for the applicant could not point out any convincing good ground for grant of anticipatory bail to the applicant.
Accordingly, (Anticipatory) Bail Application (under section 438 Cr. P.C.) for grant of anticipatory bail to the applicant- Ravi Tiwari, who is involved in Case Crime No. 0810 of 2021, under section- 147, 352, 308, 323, 504, 506 IPC, and 7 Criminal Law (Amendment) Act, 1932, Police StationKotwali Nagar, District- Banda, is hereby rejected, leaving it open to the applicant to take recourse to the remedy available under law.
Order Date :- 24.2.2022 ssm
Digitally signed by SYED SALMAN MANSOOR Date: 2022.02.24 15:45:16 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant Ravi Tiwari in the alleged offence.
1 provisions across 1 enactments
Ravi Tiwari
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
