Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16162 of 2021 Applicant :- Jeet Bahadru Saroj Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime No.137 of 2020, under Sections 147, 148, 323, 504, 324 and 307 IPC, Police Station-Sikrara, District- Jaunpur.
3. From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the court of sessions.
4. Prior notice of this bail application was served in the office of Government Advocate and as per Chapter-XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc.Anticipatory Bail Application u/S 438 Cr.P.C. No.8072 of 2020 (Govind Mishra @ Chhotu vs. State of UP), hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438(3) Cr.P.C. (UP Amendment) is not required.
5. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case; he was not present at the place of occurrence and no recovery has been made from the possession of the applicant; he is not named in the FIR and his name was disclosed on the basis of confessional statement of co-accused during investigation.
6. Learned AGA, per contra, opposed the anticipatory bail application and submitted that applicant has criminal history and charge-sheet has already been filed in this case.
7. Perusal of injury report of the injured persons, it is revealed that there are gun-shot injuries to the injured persons. Taking into account the severity of allegations, this Court is not inclined to exercise its powers in favour of the applicant, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 7.10.2021 LN Tripathi