Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18213 of 2021 Applicant :- Mohd Ayas Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi,Prateek Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Jayant Kumar, learned counsel for the informant, learned A.G.A. for the State and peruse the material available on record.
This bail anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 31 of 2021, under Sections - 376, 328, 313, 506 I.P.C., Police Station - Moolganj, District Kanpur, during the pendency of trial.
After considering the rival submissions raised by both the parties and the averments contained in this anticipatory bail application, obviously the documents placed on record carry substantive allegations, which have been backed up by the sufficient material against the applicant. Therefore, at present no good ground is made out for interference. However, the relief sought by the applicant can be well obtained by moving appropriate regular bail application before the court concerned.
The applicant is free to agitate his claim at the stage of regular bail before the appropriate court.
In view of above, this anticipatory bail application is rejected.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Order Date :- 29.10.2021 S Rawat Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 15:02:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad