Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13219 of 2021 Applicant :- Piyush Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayank Mishra Counsel for Opposite Party :- G.A.,Uday Bhan Mishra Hon'ble Arvind Kumar Mishra-I,J.
Heard, Sri Ayank Mishra, learned counsel for the applicant, Sri Uday Bhan Mishra, learned counsel for the informant and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 820 of 2020, under Sections - 498-A, 323, 504, 506, 377 I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Bisrakh, District - Gautam Buddh Nagar, during the pendency of trial.
Urge has been made on behalf of the applicant that the applicant has no concern with the offence alleged against him. The applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. The allegations levelled against the applicant are vague and baseless and without any substance.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for anticipatory bail and have submitted that in this case, specific and detailed F.I.R. has been lodged giving each detail of the offence committed by the applicant. He being the husband is custodian of the wife. The particular, the manner, the fashion, the style of committing the offence cannot said to be vague or general and not applicable against the applicant.
I have considered the rival submissions, perused the first information report and the statement but without delving into the merit of the case, the applicant being husband has allegedly misbehaved beyond limit with the opposite party no.2, his wife. He does not deserve any sympathy, at this stage, in the shape of anticipatory relief.
Consequently, the instant anticipatory bail application is
dismissed.
Nothing has been observed on the merit of the case.
Order Date :- 16.8.2021 / S Rawat