Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14890 of 2021 Applicant :- Narendra Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicants Narendra Kumar, Batkoni @ Vinay Kumar and Reekesh Kumar @ Rauki @ Raukesh Kumar in Case Crime No. 0086 of 2021, under sections 147, 148, 149, 307, 504, 506, 336, 120-B I.P.C. & 7 Criminal Law Amendment Act, P.S.- Nagla Khangar, District - Firozabad.
FIR has been lodged by opposite party No.2-Sub Inpector with the allegation that on the date of incident from the side of winning candidate in Pradhan Election and the other side who was losing candidate in the Pradhan Election and both sides constituted an unlawful assembly and commit a offence and started throwing stones and firing firearms to each other. From this act scene of fear was generated in the whole vicinity and the people closed their doors as there was a situation of terror and fear and a law and order situation was seriously arisen. Seeing the police both the sides escaped away from the place of incident, four persons were arrested on spot and they disclosed the name of the applicants.
Submission of learned counsel for the applicants is that it is no injury case and none of the side has lodged any FIR. The applicants have been implicated in this case only on account of enmity as the other side has lost the election. The applicants were never involved in the commission of the offence and, therefore, it is a fit case for anticipatory bail.
Learned AGA has opposed the prayer for anticipatory bail and submitted that an acquisition of attempt to murder has been made against the applicants and at the time of incident, they had created a situation of fear, terror and lawlessness around the vicinity.
Considered the submission of both the sides.
The allegation against the applicants is for an offence of attempt to murder which was committed by them after constituting an unlawful assembly to commit an offence. At the time of incident, they were found throwing stones on each other side and this created a scene of terror and disharmony in the locality. The grounds which are being taken in support of the anticipatory bail application may be good ground for consideration when a regular bail application is given.
The anticipatory bail is not a substitute of regular bail application and for anticipatory bail, it is required that some extraordinary situation must be shown which might have force. The applicants to seek remedy of anticipatory bail. No such extraordinary situation appears to have been shown. The FIR has been lodged almost three months before and there is nothing on record to show that any serious effort has been made by the police to arrest the applicants. Therefore, on both counts, the application for anticipatory bail fails.
In view of the request made above, Anticipatory Bail Application is rejected.
Order Date :- 24.9.2021 Ankita