1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Raj Kumar Singh, Jitendra Singh, Kanhaiya Singh and Krishna Singh, seeking anticipatory bail in Case Crime No. 543 of 2016, under Sections - 323, 325, 452, 354 I.P.C., Police Station - Sahjanwa, District - Gorakhpur, during pendency of trial.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated. He had participated in the investigation. Arrest was not required and therefore not made during investigation. A cross case has also been referred to for the purpose of seeking anticipatory bail.
4. Upon hearing learned AGA, it appears that there is an injury report as also certain statements were recorded during investigation in support of the occurrence as narrated in the FIR.
5. In view of the above, no case is made out for grant of anticipatory bail at this stage that is after submission of chargesheet.
6. All other pleas may remain open for consideration in regular bail before the learned court below that has summoned the applicants. The learned court below may act mindful of the conduct of the applicants during investigation as also the existence of cross case and the nature of injuries as also the statements in the case diary etc.
7. With the above observation, the present anticipatory bail application is rejected.
Order Date :- 6.4.2021 Abhilash