Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17741 of 2021 Applicant :- Akbar Soni @ Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Alok Kumar Singh, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Akbar Soni @ Sonu, seeking anticipatory bail, in the event of arrest in Case Crime No. 79 of 2021, under Section 5/25 Arms Act, Police Station Bahadurgarh, District Hapur.
Learned counsel for the applicant argued that the applicant is not named in the First Information Report. It is further argued that there is no credible evidence against the applicant. The allegation against the applicant is only that he provided two live cartridges and that even in the second statement of co-accused. It is argued that the applicant has been falsely implicated in the present case. It is further argued that the applicant has a criminal history of four other cases which has been disclosed and explained in para 26 of the affidavit. Further, while placing para 27 it is argued that the applicant is respectable person in the society.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that during investigation the complicity of the applicant has surfaced in the present matter. It is argued that the applicant is having criminal history of four other cases.
After having heard the counsels for the parties and perusing the records, it is evident that the allegation against the applicant is of providing live cartridges. There are four other previous cases. I do not find a fit case for interference.
Accordingly, the bail application is rejected.
Order Date :- 17.12.2021 M. ARIF (Samit Gopal, J.)