Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19270 of 2021 Applicant :- Smt. Kaushilya And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Pratap Subodh,Poonam Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicants, Smt. Kaushilya and Smt. Nitu @ Anita with a prayer to release them on bail in Case Crime No. 08 of 2021, under Section 308 I.P.C., P.S. Haldharpur, District - Mau.
Allegation in the First Information Report is that the present applicants along with other accused persons armed with lathi danda, Sabbal and bricks entered the complainant's house, committed mar-pit, assaulted and caused head injury to the complainant's father and destroyed doors as well as curtains etc.
Learned counsel for the applicant contends that the present applicants have been falsely implicated in this case as there is no specific role assigned to the present applicants of assaulting the complainant side. It is further submitted that the present accused persons are ladies and they have been implicated in this case just to injure their reputation by having them so arrested. Investigation in this case is going on and no charge sheet has been filed in this matter so far. Further submission is that the applicants are absolutely innocent and have been falsely implicated in the present case with the ulterior intention of harassing them. The applicants have a definite apprehension that he may be arrested by the police any time.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail and submitted that the applicants do not deserve anticipatory bail. They are named in the FIR along with other accused persons. In this incident the complainant's father Shriram has received fatal injuries and his parietal bone was found fractured.
Without expressing any opinion on the merits of the case and considering the submissions advanced by learned counsel for the applicant, considering the nature of accusations, considering the gravity of offence, this Court finds that the FIR has not been lodged with the object of injuring or humiliating the applicants by having them so arrested. No good ground for grant of anticipatory bail to the applicants has been made out.
Accordingly, the anticipatory bail application is rejected. Order Date :- 16.12.2021 LBY