Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15496 of 2021 Applicant :- Jitendra Mittal Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.,Pramod Kumar
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, Shri Pramod Kumar, learned counsel for first informant and learned A.G.A. for the State and perused the record.
Present application has been filed by the applicant, namely, Jitendra Mittal invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehends his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 994 of 2020, under Sections 420, 406, 504, 506 IPC, Police Station Vijaynagar, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has further submitted that from the allegations made in the F.I.R. no offence is made out against the applicant and as such he may be released on Anticipatory Bail.
Per contra, learned AGA and learned counsel for first informant has vehemently opposed the prayer for bail and has drawn attention of Court to the order of this Court passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 13710 of 2021 in which the applicants have been directed to file appropriate regular bail before court below.
Learned A.G.A. has further submitted that Criminal Misc. Writ Petition filed by the applicant has already been dismissed by this Court. It is further submitted that the police after thoroughly investigating the matter has submitted charge sheet against the applicant and there is ample evidence indicating that from the very inception the applicant had no intention to abide by the agreement made and has duped the opposite party no.2 of huge sum of money.
In view of the above, it is directed that the applicant may file regular bail application before court below.
It is provided that in case the applicant files a regular bail application before the court below the same shall be considered and disposed of expeditiously in accordance with law.
Order Date :- 27.9.2021 R