Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13171 of 2021 Applicant :- Feroz Alam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in case crime no. 85 of 2021, under Sections 504, 506 IPC 1860 and Section 3(1)(i) of the SC and ST (Prevention of Atrocities) Act, 1989 (Amended 2015), P.S. Highway, District Kanpur Nagar.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicants are basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment upto 7 years is prescribed then protection of Section 41(1) Cr.P.C. is available to the applicants. The court or the police, as the case may be shall act in consonance with the spirit of the same.
If the applicants have any grievance, they may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed off.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 30.7.2021 Raj