Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13143 of 2021 Applicant :- Bijendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Babu Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in case crime no. 166 of 2021, under Sections 272, 273 IPC and 60/63/72 of Excise Act, Police Station- Kairana, District Shamli.
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 applicant was 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 applicant is free to agitate his claim at the stage of regular bail before the appropriate court. Court below is directed to consider his 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 :- 30.7.2021 Raj