Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13051 of 2021 Applicant :- Prem Chandra Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 45 of 2021, under Sections - 419, 420, 467, 468, 471 I.P.C., Police Station - Thathiya, District - Kannauj, during the pendency of trial.
Urge has been made on behalf of the applicant that without any rhyme or reason on account of village partibandi and enmity with the informant, a false case case has been set up in deliberation with the police and the authorities concerned against the applicant. In fact, the applicant has no criminal antecedents and he has not committed any offence. In case, the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail and has submitted that the F.I.R. itself is specific. The wrongful loss has been caused in the name of Pradhanmatri Awas Yojna by committing forgery and fraud. The innocent villagers have been cheated and one of such villager, say Lala Ram, who is the informant-opposite party no.2 has rightly lodged the report. The applicant could not show any specific reason as to why opposite party no.2 is individually interested in conviction of the applicant as no plausible and satisfactory situation has been shown. It has been allegedly claimed that opposite party no.2, on the assurance given by the applicant, paid Rs. 3,000/- to the applicant. It being so and specific, the applicant does not deserve any sympathy.
I have considered the rival submissions and the entirety of this case, as per the description contained in the first information report, the accusation happens to be well founded. Therefore, the relief in the shape of anticipatory relief cannot be granted.
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