Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19186 of 2021 Applicant :- Laxmikant @ Subhas And 4 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj,Saurabh Chaturvedi Counsel for Opposite Party :- G.A.,Suresh Bahadur Singh
Hon'ble Rajendra Kumar-IV,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of applicants in the event of their arrest in Case No.3228 of 2021, Case Crime No. 0355 of 2020, under Sections 147, 148, 323, 452, 504, 506, 325, 308 I.P.C., Police Station Gopiganj, District Bhadohi.
Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The prosecution story is false and fake. It is further submitted that there is a cross case of the incident in which applicants side have also sustained injuries. There was a civil dispute and informant has tried to convert the civil dispute into criminal one. He further argued that if the applicants are enlarged on anticipatory bail, they shall not misuse the liberty of bail and would co-operate with the investigation.
Learned AGA as well as learned counsel for the informant vehemently opposed the application and submitted that from the informant side, Shiv Chandra Dubey sustained serious head injuries. All the applicants named in F.I.R. The charge sheet, after investigating has been submitted to the Court and the applicants are not appearing before the Court for facing trial. The process under Section 82 Cr.P.C. has been issued against them.
Having regard to the submissions made by learned counsel for the parties, seriousness and gravity of allegation levelled against the applicants, injuries found on the person of Shiv Chandra Dubey, no case for anticipatory bail is made out.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 16.12.2021 Manoj