Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7285 of 2021 Applicant :- Naresh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subodh Kumar Rai,Babban Prasad Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State. This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in case crime no.0393 of 2020, under Sections 147, 148, 504, 323, 336 IPC and 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989, P.S. Kotwali Dehat, District Bulandshahar.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that applicants were involved in the offence in the question. Therefore, the arguments advanced here are arguments to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicants are free to agitate their claim at the stage of regular bail before the appropriate court. Court below is directed to consider their bail application and pass speaking and reasoned order in accordance with law, preferably, on the same day.
In view of above, this anticipatory bail application is disposed off.
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 :- 29.7.2021 Raj