Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10317 of 2021 Applicant :- Jitendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicants Jitendra and Shivam in Case Crime No. 371 of 2020, under sections 420, 467, 468, 471, 447, 323, 504, 506 I.P.C., P.S.-Jewar, District -Gautam Buddh Nagar.
Submission of the learned counsel for the applicants is that there is nothing in the F.I.R. against the applicants except the allegation of committing marpeet and threatening with dire consequences and abusing the informant. Further submission of the learned counsel for the applicants is that applicants are student and they have been falsely implicated in this case and there is every possibility of their being arrested by the police, therefore, they are entitled for anticipatory bail. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayed of bail and has submitted that the investigation against the applicants are continuing and because of the non cooperation of the applicants, the investigation could not have been completed.
Considering the submissions of both the sides. It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. There appears to be no extraordinary situation in this case, the F.I.R. is of the year 2018 and there is nothing on record to show that any serious effort has been made by the police to arrest the applicants. The applicants have not been able to show any real threat of arrest or any extraordinary circumstances. The F.I.R.
has been lodged on 19.08.2020 and almost one year has been passed and there is nothing on record to show that the police has taken any serious effort to arrest the applicants, therefore, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
A direction is however given to the court below that in case applicants surrender and give bail application, the same shall be disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 16.8.2021 Bhanu