Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6786 of 2021 Applicant :- Abhilakh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Vikram Yadav,Bratendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Abhilakh, in Case Crime No. 532 of 2018, under Sections- 419, 420, 467, 468, 471 and 120-B I.P.C., Police Station- Bhogaon, District- Mainpuri.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation against the applicant that he is beneficiary of fraudulent deed allegedly executed by Gram Sabha in his favour. The leases have already been cancelled and the proceedings are pending before the Board of Revenue.
Learned counsel for the applicant submits that inspite of having civil remedy before revenue court, the F.I.R was lodged without any conclusive finding from the revenue court. There is adequate provision for dealing with the fraudulent lease deeds in the U.P. Z.A.L.R Act and the Revenue Code, 2006. The applicant has criminal history of three cases explained in paragraph 23 of the affidavit filed in support of the bail application. There is one implication u/s 302/34 I.P.C. also.
Considering the overall facts of this case, it is not a fit case for grant of anticipatory bail.
This anticipatory bail application is accordingly, rejected.
Order Date :- 7.4.2021 KS