Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11004 of 2021 Applicant :- Jitendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant Jitendra Yadav in Case Crime No. 0049 of 2020, under sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S.- Line Bazar, District - Jaunpur.
Submission of the learned counsel for the applicant is that the first information report shows existence of civil dispute. In respect of the same land, one more FIR was lodged a few years back in which final report was submitted. Therefore, it is a fit case 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 prayer of bail and has submitted that after investigation, the charge-sheet has been already filed and therefore, it cannot be said that there is no ground for the accusation and the applicant has been falsely implicated .
Considering the submissions of both the sides. Once charge-sheet has been filed, the applicant should have taken the recourse of regular bail before the appropriate forum. 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. The applicant has not been able to show any real threat of arrest or any extraordinary circumstances, as such, 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 the applicant surrenders and gives regular bail application, the same shall be heard and disposed of expeditiously, preferably on the same day, in accordance with law.
Order Date :- 30.7.2021 nd