Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14556 of 2021 Applicant :- Durvijay Singh @ Natia Opposite Party :- State Of U.P Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in case crime no. 316 of 2018, under Sections 419, 465, 466, 468, 471, 120-B IPC, Police Station- Kotwali Fatehgarh, District- Farrukhabad.
Upon perusal of the first information report, it is obvious that the bails bonds which was required to be filed contained wrong photograph of the surety and after comparing the photograph pasted on the security bond it was found that the same was the different surety.
Now in so far as prayer in the anticipatory bail is concerned, it is trite law that in case accusation is found to be self admitted and proved then certainly it may be the case of regular bail. But in so far as the interim relief in the shape of anticipatory bail is concerned that should not be allowed in such admitted cases.
However, the grounds are fairly well and the same can be agitated before the court below merely the applicant was in jail and the bail bonds were filed could not itself exonerate the act done on behalf of the applicant because the applicant happens to be the beneficiary of the offence in question. Therefore, the argument advanced here are argument to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicant is free to agitate his claim at the stage of regular bail before the appropriate court.
In view of above, this anticipatory bail application is disposed off.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.17 16:46:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 16.8.2021/Raj