Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13670 of 2021 Applicant :- Jameel And Others Opposite Party :- State Of U.P Counsel for Applicant :- Vikrant Pandey,Ramesh Kumar Patel,Sarvjeet Kumar
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. 49 of 2021, under Sections 420, 467, 468 IPC, Police Station- Nakud, District Saharanpur.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that that it is a case of civil dispute and in this case sale and purchase dispute has been challenged on the point of ownership.
In such type of cases the courts have repeatedly held that arrest should be the last option for the police it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights.
In view of above, the applicants are free to agitate their claim at the stage of regular bail before the appropriate court. Court below is directed to consider their bail application and pass speaking and reasoned order in accordance with law, preferably, on the same day.
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.
Order Date :- 29.7.2021 Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.31 15:01:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad