Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17972 of 2021 Applicant :- Kamlesh Gupta Opposite Party :- State Of U.P Counsel for Applicant :- Mukesh Kumar Pandey,Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This bail anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in case crime no. 275 of 2021, under Sections 504, 506 and 509 IPC and Section 67 of Information Technology (Amendment) Act, Police Station- Gagha, District Gorakhpur.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the perusal of the FIR that applicant was involved in the offence in the question. Therefore, the argument advanced here are argument to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicant is free to agitate his claim at the stage of regular bail before the appropriate court.
In view of above, this anticipatory bail application is rejected.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Order Date :- 26.10.2021 Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.10.26 17:14:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad