Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12664 of 2021 Applicant :- Dauli Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arun Kumar Pandey,Suman Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.162 of 2021, under Section - 306 I.P.C., Police Station - Bishrakh, District - Gautam Budh Nagar, during the pendency of trial.
Urge made on behalf of the applicant is confined to the ambit that the applicant has no nexus with the crime in question. She has been falsely implicated in this case. No offence has been committed by the applicant. The allegations levelled against the applicant are false and baseless. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned A.G.A. has opposed the prayer for anticipatory bail.
After considering the rival submissions raised by both the parties and the averments contained in this anticipatory bail application, obviously the documents placed on record carry substantive allegations, which have been backed up by the sufficient material against the applicant. No good ground is made out for interference.
However, the relief sought by the applicant can be well obtained by moving appropriate regular bail application before the court concerned. Therefore, it is provided that in case the applicant appears before the court concerned and moves appropriate application for bail, the same shall be considered and disposed of by the court concerned, keeping in view Section 437 Cr.P.C. as the applicant is a lady, on the same day.
With the aforesaid observation, this application stands disposed of.
The observation made herein above will have no bearing upon the merit of the case.
Order Date :- 28.7.2021 rkg