Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6242 of 2021 Applicant :- Gulab @ Raju Maurya Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Saif Ali Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Gulab @ Raju Mauraya, seeking anticipatory bail in Case Crime No. 44 of 2021, under Section - 306 I.P.C., Police Station - Shankargarh, District - Prayagraj, during pendency of trial.
3. Learned counsel for the applicant submits that the FIR has been lodged wholly belatedly only to cause deep harassment on false and frivolous allegation against the present applicant, who had no concern with the occurrence. Reference has also been made to a document titled 'Sulahnama' to indicate that at the time of suicide the applicant had stated that she did not suspect any foul play by any third party.
4. The present application has been opposed by learned AGA who would submit that the 'Sulahnama' is not a part of the case diary. He also submits that the post mortem had been done and at this preliminary stage, at present, the investigation is in its nascent stage and therefore, no conclusion can be drawn.
5. Having heard learned counsel for the parties and having perused the application, undisputedly, the FIR discloses commission of suicide with respect to which allegation of abetment has been made against the present applicant.
6. Completeness or otherwise of the details given in the FIR may not be relevant at this preliminary stage. The investigation may go on strictly in accordance with law. Grant of anticipatory bail at this preliminary stage may not be conducive to the interest of justice. Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to seek such remedy as may be available at the relevant time.
Order Date :- 5.4.2021 Abhilash