In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6818 of 2021 Applicant :- Dharmendra Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Dewarshi Kumar Rai,Rohit Kumar Nishad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dewarshi Kumar Rai, learned counsel for the applicant and learned A.G.A. for the State through video conference.
2. This anticipatory bail application has been filed on behalf of the applicant - Dharmendra Nishad, seeking anticipatory bail in Case Crime No. 244 of 2020, under Sections - 147, 148, 307, 353, 332, 333, 336, 341, 323, 504, 506, 427 I.P.C.; Section 7 of Criminal Law (Amendment) Act and Section 3/5 of the Prevention of Damage to Public Property Act, Police Station - Ghoorpur, District - Prayagraj, during pendency of trial.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated. Neither there was any such occurrence nor the applicant was involved. Only because of an earlier complaint made by the applicant an office bearer of Akhil Bhartiya Kisan Majdoor Sabha, the applicant has been victimised. It is further submitted that in similar circumstances, the other co-accused Dinesh Nishad and Praveen Nishad have been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 8156 of 2020 and 9338 of 2020, vide orders dated 25.11.2020 and 16.12.2020 respectively. Thus, parity has been claimed.
4. On the other hand, learned AGA submits that the applicant has criminal history of four cases. Therefore, no parity may be claimed by him.
5. Learned counsel for the applicant submits that that all four cases have been lodged only on account of the earlier complaint made by the applicant.
6. Having heard learned counsel for the parties and having considered the submissions advanced by them, in view of criminal history cited, no ground made out to exercise discretion for grant of anticipatory bail, at this preliminary stage.
7. Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to apply for regular bail, which application when filed may be dealt with and decided on its own merit, as expeditiously as possible, without being prejudiced by any observation made in this order.
Order Date :- 13.4.2021 Abhilash