Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9411 of 2021 Applicant :- Kunwar Singh Yadav And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Pandey 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 Kunwar Singh Yadav, Jai Singh and Ram Briksh Yadav in Case Crime No. 352 of 2018, under sections 406, 419, 420, 467, 468, 471, 352, 504, 506 I.P.C., P.S.-Sahjanwa, District - Gorakhpur.
The F.I.R. has been lodged against the applicants with the allegation that the applicants have committed forgery in the agreement by manipulating 25 years in place of 5 years and on that basis they have caused harassment to the informant.
Submission of the learned counsel for the applicants is that the case pertains to a dispute of civil nature and no such forgery has been committed by the applicants. The applicants are facing threat of arrest in pursuance of said F.I.R., therefore, it is a fit case for anticipatory bail. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their 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 F.I.R. is of July, 2018 and the applicants have come at a belated stage just to delay the investigation, they are not even cooperating the investigation process.
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, 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 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