Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8728 of 2021 Applicant :- Dhaemenda Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Lal,Shiv Chand Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shyam Lal, learned counsel for the applicant, Sri Amit Kumar Singh, learned counsel for the informant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Dhaemenda, seeking anticipatory bail in Case Crime No. 51 of 2021, under Sections - 376, 506 IPC, Police Station - Sonha, District - Basti, during pendency of trial.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case owing to the certain other disputes pending between the parties that have been referred in the enquiry report submitted by Sub Inspector, pursuant to the direction issued by S.S.P., Basti.
4. On the other hand, learned AGA and learned counsel for the informant submits that offence was committed on 31.8.2020, which was promptly reported to the police but no action was taken. Accordingly, the application came to be filed u/s 156(3) Cr.P.C.
5. Having heard learned counsel for parties and perused the records, it appears that there are serious factual allegations which cannot be commented upon at this preliminary stage.
6. Accordingly, the discretion claimed for grant of anticipatory bail is declined keeping in mind the nature of offence alleged and the present anticipatory bail application is rejected, leaving it open to the applicant to apply for regular bail, which application when filed may be considered on its own merit without being prejudiced by any observation made in this order.
Order Date :- 7.4.2021 A.Dewal