In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6693 of 2021 Applicant :- Mohd. Salman (Fake Name) Vinit Singh Dahiya (Real Name) Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Khalil Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mohd. Khalil, learned counsel for the applicant and learned A.G.A. for the State through video conference.
2. This anticipatory bail application has been filed on behalf of the applicant - Mohd. Salman (Fake Name) Vinit Singh Dahiya (Real Name), seeking anticipatory bail in Case Crime No. 945 of 2018, under Sections - 307, 427 I.P.C., Police Station - Medical College, District - Meerut, during pendency of trial.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated arising from pre- existing matrimonial discord between the parties. The applicant discloses to have been enlarged on bail by this court in an earlier FIR making similar false allegations. It is also submitted that the parties have co-habitted after the alleged incident and that the FIR is belated.
4. The above submissions have been met by learned AGA.
5. Referring to the case diary material, it has been submitted that the informant had received injuries in the incident and remained hospitalised for sometime. In such facts, I am not inclined to exercise any discretion in favour of the applicant at this preliminary stage.
6. Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to apply for regular bail, which application when filed may be dealt with and decided on its own merit, as expeditiously as possible, without being prejudiced by any observation made in this order.
Order Date :- 13.4.2021 Abhilash