Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10140 of 2021 Applicant :- Nabi Husain And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bharti Kashyap Counsel for Opposite Party :- G.A.,Mohd Aadil Siddiqui
Hon'ble Arvind Kumar Mishra-I,J.
At the very outset, learned counsel for the applicants has submitted that applicant no.1 Nabi Husain has already been arrested and sent to jail. Therefore, this anticipatory bail application qua applicant no.1 Nabi Husain has rendered infructuous.
The instant anticipatory bail application qua applicant no.1 Nabi Husain is dismissed as infructuous.
Heard learned counsel for the applicant no.2 Mohd. Naeem, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.632 of 2020, under Sections - 420, 467, 468, 471, 504, 506, 120B I.P.C., Police Station - Mugalpura, District - Moradabad during the pendency of trial.
Urge made on behalf of the applicant is confined to the ambit that the offence is alleged to have been committed by the other co-accused and the applicant has been branded as one of the colleagues to accompany him, nothing more and nothing less. No specific role has been assigned to the applicant in the alleged incident. The allegations levelled against the applicant are false and baseless. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned A.G.A. has opposed the prayer for anticipatory bail.
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. 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. Therefore, it is provided that in case the applicant appears before the court concerned and moves appropriate application for bail, the same shall be considered and disposed of by the court concerned on the same day.
With the aforesaid observation, this application stands partly disposed of.
The observation made herein above will have no bearing upon the merit of the case.
Order Date :- 28.7.2021 rkg