Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19952 of 2021 Applicant :- Monu @ Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayub Khan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.0036 of 2021, under Sections 147, 354, 323, 336 I.P.C., Police Station Ahmadgarh, District Bulandshahr.
Facts in brief are that informant and her sister Kavita were going to attend natural call in jungle meanwhile applicant alongwith other co-accused persons started singing songs on seeing them and also molested her sister. When informant went to complaint about this fact to the house of applicant they hit her uncle on his head by danda as a result he sustained injuries. Thereafter, this F.I.R. was lodged against the applicant and other co-accused persons.
It is submitted that applicant is innocent and has been falsely implicated in this case due to ulterior motive. There is no any cogent evidence against the applicant from which applicant can be said to be involved in the alleged incident. There is no any injury report of uncle of the informant on record. There is imminent apprehension of arrest of applicant by police, therefore, requested for grant of anticipatory bail.
Learned A.G.A. opposed the prayer of anticipatory bail and urged that under Section 41-A of Cr.P.C., protection has already been provided to the applicant, therefore, the anticipatory bail is not required.
In this matter, aforesaid offence is punishable with imprisonment upto a term of seven years. As per provisions of Section 41-A Cr.P.C. applicant cannot be arrested without notice until and unless any exceptional circumstance occurs. Thus, considering the nature and gravity of the offences and protection already provided in the Cr.P.C. regarding the offences levelled in the matter, there is no need to grant anticipatory bail to the applicant or to give him interim protection.
Accordingly, the anticipatory bail application stands disposed of with the aforesaid observation.
Order Date :- 22.12.2021 Ashok Gupta