Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4281 of 2021 Applicant :- Mr Avdhesh Kumar Goel And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Akshay Mohiley,Saurabh Tripathi Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra Hon'ble Siddharth,J.
Heard Sri Anup Trivedi, learned Senior Counsel assisted by Sri Akshay Mohiley, learned counsel for applicants, Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar Mishra, learned counsel for informant and learned A.G.A. for the State.
This anticipatory bail application has been moved on behalf of applicants, who are already in jail. They have been summoned by the order dated 24.10.2017, under Sections- 406, 504, 506 I.P.C. in a complaint case.
Learned Senior Counsel for the applicants has submitted that the applicants have been implicated in this case on account of economic offence and they are on bail in five such cases. Number of other F.I.Rs. have also been filed against them. The alleged offences are not made out against them. They may be enlarged on interim anticipatory bail in this case.
Learned Senior Counsel for the informant has vehemently opposed the bail application and has submitted that since the applicants are already in jail in connection with another offence, there is no justification for granting interim anticipatory bail to the applicants.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
After considering the rival submissions made by learned counsel for the parties and the criminal antecedents of the applicants, this Court finds that it is not a fit case for grant of anticipatory bail to the applicants.
Accordingly, this application for grant of anticipatory bail of the applicants is rejected.
Order Date :- 5.4.2021/Anil K. Sharma