Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8737 of 2021 Applicant :- Smt. Gayatri And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Smt. Gayatri, Vikas & Krishna, seeking anticipatory bail in Case Crime No. 76 of 2021, under Section -
420 I.P.C., Police Station - Syana, District - Bulandshahr, during pendency of trial.
3. Learned counsel for the applicant submits that applicants have been falsely implicated. There is a cross FIR lodged by the applicants. At the same time, it has also been submitted that the dispute between the parties is a civil dispute with respect to which an original suit is pending.
4. The submissions of learned counsel for the applicants quite apart, the FIR, prima facie discloses commission of cognizable offence that are required to be investigated into.
5. Accordingly, I do not find any good ground to exercise discretion at this preliminary stage, hence the present anticipatory bail application is dismissed, leaving it open to the applicants 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