Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19285 of 2021 Applicant :- Hausila Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dilip Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Hausila Rajbhar, in Case Crime No. 123 of 2021, under Sections- 354, 452, 506 I.P.C. Police Station- Didarganj, District-Azamgarh.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this case crime number; there is every likelihood of arrest by the police; hence anticipatory bail application was moved before court concerned, but it was rejected, hence this application for anticipatory bail with above prayer.
Learned AGA has vehemently opposed with this contention that in this very case crime number, Section 376 IPC has been added and that is after recording of statement under Section 164 Cr.P.C.; moreso NBW proceeding is in operation and proclamation proceeding under Section 82 Cr.P.C. is also pending; copy of NBW is filed for perusal.
Having heard and gone through material placed on record, it is apparent that in this very case crime number, Section 376 IPC has been added and NBW has been issued against the applicant and proclamation proceeding under Section 82 Cr.P.C. is also pending.
Considering all those facts and circumstances of the case and law laid down by the Hon'ble Apex Court in the Case of Prem Shankar Prasad vs. State of Bihar and another, reported in LL2021 SC 579 and in Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, no indulgence for grant of anticipatory bail is made out at this stage. However, learned counsel for the applicant requested for dismissal of this application upon his request on withdrawal.
Accordingly, anticipatory bail application is dismissed as withdrawn.
Order Date :- 20.12.2021 Dhirendra/