Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18816 of 2021 Applicant :- Jitendra Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Firdos Ahmad,Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. As to certified copy of the FIR, it has been stated that the same has not been made available to the applicant. In any case, the co-accused have already been granted anticipatory bail by this Court which order has been annexed. Further, it is stated that the applicant has come through proper channel i.e. first applying for anticipatory bail before the learned court below. Thus, the correctness of the copy of the FIR annexed with the present application is not in dispute. Accordingly, the present application has been taken up for consideration, at this stage.
2. Heard Sri Mahesh Kumar, learned counsel for the applicant and Sri Ashwani Prakash Tripathi, learned A.G.A. for the State.
3. This anticipatory bail application has been filed on behalf of the applicant - Jitendra Pal, seeking anticipatory bail in Case Crime No.40 of 2021, under Sections -147, 148, 323, 307 I.P.C., Police Station -Bhawanpur, District -Meerut, during pendency of trial.
4. Having heard learned counsel for the parties and having perused the record, at present the occurrence cannot be doubted in face of the FIR allegations. The involvement of the applicant is also stated therein. The injury report is not before this Court. Merely because the applicant claims cross version and merely because the anticipatory bail has been granted to the co- accused by a non speaking order, the applicant cannot be granted anticipatory bail, at this stage.
5. Accordingly, the present application is rejected. However, in the event of regular bail application being filed at the appropriate stage, it is expected that the same may be decided as expeditiously as possible, without being prejudiced by any observation made in this order.
Order Date :- 24.12.2021 S.Chaurasia