Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19968 of 2021 Applicant :- Mahesh Raman Sharma And Others Opposite Party :- State Of Up Through Principal Secretary And 2 Others Counsel for Applicant :- Yogendra Sharma,Avinash Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Criminal Case No. 1827/09/2017, under sections 452, 307/34 IPC, Police Station- Civil Lines, District- Moradabad.
Facts in brief are that son of informant Ashish Bishnoe was wedded with Mahima Raman d/o Mahesh Raman Sharma (applicant no. 1) on 2.2.2015. Thereafter, Ashish Bishnoe and other family members started ill-treating her. She went to her maika and on 12.7.2016 about 4 o'clock in the morning applicants equipped with country-made pistol came into the house of informant and made fire on Ashish Bishnoe causing injuries on his person. On interference made by Kuldeep Bishnoe and Abhinav Bishnoe, they fled away. In this regard F.I.R. was lodged on 12.7.2016 under Sections 452, 307 IPC.
It is submitted by learned counsel for the applicants that they are innocent and have been falsely implicated in this case due to matrimonial dispute between daughter of applicant no. 1 and son of informant. Further submitted that other case was registered on the part of applicant against the informant. In counterblast this case has been registered by obtaining forged injury report. Offence under Section 307 IPC is not made out. Lastly, it is submitted that the applicants are under apprehension of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail and urged that specific role of causing injury with fire arm has been assigned to applicants and the court concerned has taken cognizance of the offence and summoned them for trial but they are avoiding process of court, therefore, they are not entitled for anticipatory bail.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and gravity of offence, this Court is of the view that the case is not made out for anticipatory bail. Hence the anticipatory bail application of applicants Mahesh Raman Sharma and Mayank Raman Shrma @ Bittu is hereby rejected.
However, if they surrender and move bail application before the trial court, the same shall be considered and decided expeditiously as far as possible in accordance with law.
Order Date :- 23.12.2021 A. Singh Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.24 15:10:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad