Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17469 of 2021 Applicant :- Braj Mohan And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Anjani Kumar Shahwal Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Anjani Kumar Shahwal, learned counsel for the applicants and Sri Satish 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 applicants Braj Mohan, Pankaj Kumar, Rahul @ Sanjeev Chaudhary and Anil Kumar, seeking anticipatory bail, in the event of arrest in Case Crime No. 299 of 2021, under Sections 147, 148, 323, 325, 307, 504, 336 IPC, Police Station Tappal, District Aligarh.
On 30.11.2021 the following order was passed by this Court:-
"Sri Anjani Kumar Shahwal, learned counsel for the applicants and Sri Sanjay Kumar Singh, learned counsel for the State are present.
Learned counsel for the State prays for and is granted a week's time to seek instructions particularly with regards to the averment made in para 27 of the affidavit in support of the bail application under Section 438 Cr.P.C.
Let the matter be listed in the week commencing 20.12.2021 as fresh."
Learned counsel for the State informs the Court that as per his instructions Charan Singh has received injury in the matter. There is a fracture of his left leg. It is argued that as such the averment in para 27 of the affidavit is incorrect.
Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is argued that the implication of the applicants are with malafide intentions. No such incident has taken place. It is argued that a part of land was sold by Shalu the wife of Falgun to Smt. Soni Devi the wife of Brij Mohan one of the applicants on 06.11.2018 for which registered sale deed was executed. On 08.07.2021, the brother of the applicants was attacked in which he had received injuries and a First Information Report was lodged against Pratap, Charan Singh, Suraj, Rajendra, Ranveer, Manoj and two other persons. The present First Information Report is a counterblast to the same.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicants are named in the First Information Report and there are allegations against them.
After having heard the counsels for the parties and perusing the records, it is evident that the applicants are named in the First Information Report. Charan Singh has received injury of a fracture of his left leg. I do not find it a fit case for interference.
Accordingly, the bail application is rejected.
Order Date :- 20.12.2021 M. ARIF (Samit Gopal, J.)