Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19833 of 2021 Applicant :- Chandan Ali @ Salman Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicant, Chandan Ali @ Salman Ali with a prayer to release him on anticipatory bail in Case Crime No. 0319 of 2021, under Sections 366 and 368 I.P.C., P.S. Kishni, district-Mainpuri.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
The report of this incident was lodged by the complainant against the present accused and other co-accused Nik Ali and Shabeena Begum, alleging therein that his married sister, aged about nineteen years was enticed away four months ago by the present accused. It was also alleged that sister of the complainant had also taken ornaments from her house.
It is submitted that the applicant is absolutely innocent and he has falsely implicated due to ulterior motive. He next submits that the applicant has not enticed away the daughter of the complainant, however she had come to his house on her own accord. He also submits that false allegation has been levelled against him just to tarnish his image. It is lastly submits that there is no possibility of the applicant fleeing away from the judicial process or tampering with the evidence. The applicant has definite apprehension that he may be arrested by the police any time.
Sri Sri Narain Mishra, learned A.G.A. has opposed the prayer for anticipatory bail and submitted that there are prima-facie allegations against the present accused. The allegations have not been levelled against him with the object of injuring his reputation. He kept illegally a married wife of someone else in confinement in his house, which is an offence under Section 368 I.P.C. and hence he is not entitled to be enlarged on anticipatory bail.
After hearing learned counsel for the parties and after perusal of the material on record, considering the antecedents of the applicants, considering the gravity of offence, considering the possibility of the applicant to flee from justice where the acquisition has not been made with the object of injuring or humiliating the applicant by having him so arrested and considering the facts and circumstances of the case, this Court does not find it a fit case to grant anticipatory bail to the applicant.
Accordingly, the anticipatory bail is rejected.
Order Date :- 21.12.2021 Faridul