Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17954 of 2021 Applicant :- Madhvendra Bhushan Pachauri Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.,Hitesh Pachori
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Madhvendra Bhushan Pachauri, in Case Crime No. 518 of 2021, under Sections 498A, 323, 504 I.P.C., Police Station-Bisarakh, District- Gautam Budh Nagar.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number; in Crl. Misc. Writ Petition no. 9788 of 2021 (Indra Bushan Pachauri and others vs. State of U.P. and others) protection has already been granted and matter has been referred to Mediation Centre and hence there is every apprehension of arrest by the police in view of order of Division Bench as above; application for anticipatory bail was moved before court of session where it was rejected; hence this application for anticipatory bail with above prayer.
Learned AGA and Sri Hitesh Pachori, counsel for the informant, has vehemently opposed with this contention that there is no likelihood of arrest by the police, where offences, maximum punishable upto seven years, are to be dealt with as per Section 41 Cr.P.C., as well as law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC), Lal Kamlendra Pratap Singh Vs. State of U.P.
Having heard and gone through material placed on record as well as considering all those facts and circumstances of the case and law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, no indulgence for grant of anticipatory bail is made out.
However, in case, applicant approaches before the trial court with bail application, same shall be considered and decided in accordance with law cited as above as well as in strict adherence of provision of Section 41 Cr.P.C.
With the aforesaid observations, this anticipatory bail application is disposed of.
Order Date :- 21.12.2021 Dhirendra/