Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19654 of 2021 Applicant :- Maqsood Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Maqsood Hasan, in Case Crime No. 168 of 2021, under Sections-147, 148, 149, 307, 323, 504 and 506 I.P.C., Police Station-Bhojpur, District- Moradabad.
Learned counsel for the applicant argued that it was a quarrel in between kids with regard to their sports, wherein, this occurrence took place; a false implication was made as above and co accused Kumari Hina Praveen has been granted anticipatory bail by the Sessions Court, itself, Babban in Anticipatory bail application no. 17315 of 2021, Sartaj in Criminal Misc. Anticipatory Bail application no. 16596 of 2021, had been granted anticipatory bail by coordinate Bench of this Court; there is apprehension of arrest by police; 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 has vehemently opposed with this contention that First Information Report was instantly got lodged on the date of occurrence itself, wherein, specific role of giving fire arm shot, causing injuries to injured persons, has been assigned to the applicant; co-accused, who were given anticipatory bail, were not of this accusation; investigation is in process and by way of anticipatory bail the same may be hampered.
Having heard and gone through material placed on record, it is apparent that the accusation against the applicant is discriminatory than those for whom anticipatory bail has been granted; applicant is the person who has been specifically assigned the role of giving fire arm shot causing injury to the injured boys; medical report of injured is of this fact that the injuries were of fire arm shot.
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, but without commenting on the merits of the case, no indulgence for grant of anticipatory bail is made out.
Accordingly, rejected.
However, the applicant may move regular bail application before the Counter concerned.
Order Date :- 23.12.2021 Deepak/