Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16351 of 2021 Applicant :- Mukesh @ Manish And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.,Mohammad Zakir
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicants- Munesh @ Manish, Balakram, Chandrawati, Nisha, Annu, in Case Crime No. 304 of 2021, under Sections 498-A, 307, 323, 504, 506, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Shikarpur, District- Bulandshahar.
Learned counsel for the applicants argued that the accused-applicants are innocent; they have been falsely implicated in this very case crime number, there is apprehension of arrest by the police; hence this straightway application was moved before this Court; applicant was not present on the spot; hence this application for anticipatory bail with above prayer.
Learned AGA and Sri Rama Shankar Mishra, counsel for the informant has vehemently opposed with this contention that in view of judgement of Full Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another), some special reason is to be placed before the Court for straightway entertaining application under Section 438 Cr.P.C. but no specific reason is there.
Having heard and gone through material placed on record, it is apparent that straightway this application has been moved and there is no specific or cogent reason for entertaining in view of Full Bench Judgment.
Accordingly, anticipatory bail application is dismissed with liberty to move before Sessions court.
Order Date :- 17.12.2021 Dhirendra/