Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7317 of 2021 Applicant :- Anoop Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Lal Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in case crime no. 1499 of 2016, under Sections 147, 149, 323, 392, 452, 504, 506 IPC, Police Station- Loni, District Ghaziabad.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case on account of enmity and land dispute. The applicants have no role to play in the commission of the offence. Criminal history of the applicants has been explained by the learned counsel for the applicants in paragraph no.12 to affidavit filed in support of this application. The gist of the argument of the learned counsel for the applicants is that in this case whatever allegations are applicable are applicable against co- accused Monu @ Ajay and applicant has no concern with the offence in question.
Learned AGA has vehemently opposed the anticipatory bail prayer of the applicants.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that applicants were involved in the offence in the question. Therefore, the arguments advanced here are arguments to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicants are free to agitate their claim at the stage of regular bail before the appropriate court. Court below is directed to consider their bail application and pass speaking and reasoned order in accordance with law, preferably, on the same day.
In view of above, this anticipatory bail application is disposed off.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Order Date :- 28.7.2021 Raj