Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7337 of 2021 Applicant :- Kamal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Narayan Yadav 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 Kamal Singh in Case Crime No. 705 of 2020, under sections 147, 148, 149, 307, 452, 504, 506 I.P.C., P.S.- Sirsaganj, District Firozabad.
The FIR version is that the accused persons were five in number and unlawful citizen came licensee rifle and country made pistol and fired on the husband of the informant who sustained serious injuries. The people reached there, thereafter, accused persons left away.
Submission of the learned counsel for the applicant is that in the medical report only one injury has been found caused by fire arm and rifle has been assigned by co-accused Ram Pratap as such a prima facie case for anticipatory bail is made out in favour of the applicant. It is further submitted that 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 three injuries have been found on the body of the injured; one and two are entry and exit wound and other wound is abdomen on which clotted blood has been found and the injury is everted and irregular. Further submission is that the applicant has been assigned a country made pistol by which he fired and the injured sustained injuries on his stomach.
Considering the submissions of both the sides, it is a case of forming unlawful assembly and with rifle and country made pistol causing injury to the injured. The offence which has been leveled against the applicant includes an offence of attempt to murder which is coupled with fire arm injuries. 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.
Regular bail application may be given before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously and preferably on the same day in accordance with law.
Order Date :- 29.7.2021 Mini