Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15564 of 2021 Applicant :- Bhuvneshwar Chaturvedi Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Shrawan Kumar Mishra, Advocate holding brief of Sri Rajesh Kumar Mishra, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, learned counsel for the State and perused the record.
The instant application has been moved by Bhuvneshwar Chaturvedi seeking anticipatory bail in light of apprehension of the arrest of the applicant in Case Crime No. 94 of 2021, under Sections 147, 188, 332, 353, 504 IPC and Section 7 of Criminal Law Amendment Act, P.S.- Badhalganj, District Gorakhpur.
The allegation in the First Information Report against the applicant is that polling was going and at about 17:30 hrs the applicant who is the previous Pradhan reached there along with 25 supporters and tried to enter inside the polling booth wherein he was stopped and then he entered into hot talks with the police constable present there and even caught hold of the collar of a lady constable and abused her. There was commotion at the place after which a police party on duty outside was called and then normalcy was restored.
Learned counsel for the applicant while placing para 7, 8 and 9 of the affidavit in support of the anticipatory bail application argued that the applicant was present at the poling station at 05:00 pm and polling agents reached on the spot to get the ballet boxes sealed and the lady constable tried some voters to caste votes on that point of time which was objected by the applicant and as such he has been falsely implicated. It is argued that the applicant is a class IV Employee of the Educational Institution and as an illegal activity was being attempted to be committed by lady constable, he objected to it after which he has been falsely implicated in the present case.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant along with his henchman reached the place of polling and indulged into acts which were detrimental to law and order and even misbehaved with a lady constable. He is named in the First Information Report and there are allegations against him. He tried to disrupt the polling and disturbed the officials present there.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the First Information Report. There are allegations of indulging in illegal activity. I do not find it a fit case for anticipatory bail.
Accordingly, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 M. ARIF (Samit Gopal, J.)