Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10027 of 2021 Applicant :- Qayyum Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Prakash Shukla,Ch. Dil Nisar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A and perused the record.
The instant application is being moved by the applicant namely, Qayyum Ahmad invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no. 73 of 2021, under Sections 420, 467, 468, 471, 465, 120-B, 414 I.P.C., Police Station- Kutubsher, District- Saharanpur.
From the record, it is evident that the applicants have approached this Court after getting their anticipatory bail rejected from the court of sessions vide order dated 23.03.2021.
I have gone through the contents of the FIR. The applicant is named accused person in the FIR. Keeping in view the role attributed to the applicant in the commission of the offence, the applicant deserves no liberty. Thus, I am not inclined to exercise my power under section 438 Cr.P.C.
However, considering the submissions made by learned counsel for the applicant, the applicant is directed to approach the court concerned on or before 18.10.2021 and apply for regular bail, the same shall be heard and decided by the court below. Till 18.10.2021 or date of surrender which ever is earlier, the applicant shall not be arrested in the aforesaid case crime.
With this observation, the present anticipatory bail application stands disposed of.
Order Date :- 23.9.2021 Nisha