Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5832 of 2021 Applicant :- Neeraj @ Boby And Another Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, 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 applicants seeking anticipatory bail in Case Crime No.0260 of 2018, under Sections - 419, 420, 467, 468, 471, 506 I.P.C., Police Station -
Dauki, District - Agra, during the pendency of trial.
Urge made on behalf of the applicants is confined to the ambit that mutation proceeding was drawn in the year 1998, whereas, the first information report was lodged after 20 years i.e. in the year 2018. The informant's claim is that she is one Santi Devi who is sister of mother of the applicants. The interim order has been granted in favour of the applicants by the revenue court concerned. The allegations levelled against the applicants are vague and baseless and without any substance. Applicant no.2 is a handicapped person. In case the applicants are 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 applicants. No good ground is made out for interference.
However, the relief sought by the applicants can be well obtained by moving appropriate regular bail application before the court concerned. Therefore, it is provided that in case the applicants appear before the court concerned and move 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 disposed of.
The observation made herein above will have no bearing upon the merit of the case.
Order Date :- 29.7.2021 rkg