Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant Noor Alam @ Shalu in Case Crime No. 292 of 2021, under sections 386, 504, 506 I.P.C., P.S. Cantt, District Varanasi.
The FIR version is that on the date of incident two persons came on bike and took his mobile and returned the same and asking by the applicant why are you chatting with my sister in law, he replied that she is also indulged in the chats with him, they started abusing him. Meanwhile, two more persons came there and they snatched away Rs. 13000/- which was in the pocket of the informant. Thereafter, they forced him to withdraw Rs. 29,000/-. Subsequently, on 25.5.2021, they again called him by sending message and reached to the petrol pump of the Virendra Singh, three persons were came to snatch away Rs. 15,000/- and out of them one had called that Javed leave him, thereafter, they all threatened with dire consequences in case he approached to police.
Submission of the learned counsel for the applicant is that the applicant is not named in the FIR nor there is any evidence against him. It has been further submitted that his name has come in light only in the confessional statement of co-accused Javed and there is no independent witness. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayer of bail and has submitted that in respect of the first incident no FIR was lodged earlier. The FIR was lodged when the subsequent incident took place after seven days. It has also been submitted that the forum of regular bail is open for the applicant where he can take all this ground. It has been further submitted that the investigation is still continuing.
Considering the submissions of both the sides. The ground which has been alleged in the anticipatory bail application may be a good ground for seeking regular bail application. It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. The applicant has not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
A direction is, however, given to the court below that in case, applicant surrenders and gives bail application, the same shall be considered and disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 18.8.2021 Mini