Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16318 of 2021 Applicant :- Rajesh Kumar @ Rajesh B.D.C. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kamlesh Kumar Singh, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Rajesh Kumar @ Rajesh seeking anticipatory bail, in the event of arrest in Case Crime No.301 of 2021, under Sections 147, 148, 149, 307, 332, 353, 336, 141, 188, 504 IPC and Section 7 of Criminal Law Amendment Act and 2/3 Prevention of Public Damages Property Act, Police Station Sikandra Rao, District Hathras.
Learned counsel for the applicant states that the applicant has been falsely implicated in the present case. In the FIR 97 persons have been named and then there is reference of 200 unknown persons to have participated in the occurrence in which the name of the applicant appears at serial no.54 in the array of accused persons. It is argued that co-accused Amar Singh Yadav has been granted anticipatory bail by coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.16454 of 2021 vide order dated 1.10.2021, copy of the said order produced by learned counsel for the applicant is taken on record. It is further argued that certain persons are said to have received injuries but there is no disclosure of the same in the affidavit in support of the anticipatory bail application and even the injury reports have not been annexed. The implication is false as he was the person contesting the elections. The applicant has no criminal history as stated in para no.12 of the affidavit.
Per contra learned counsel for the State vehemently opposed the prayer for anticipatory bail and argued that although in the matter of co-accused Amar Singh Yadav, it is mentioned in para no.7 that he is not named in the FIR but his name appears as an accused at serial no.96 in the FIR in the array of accused persons.
After having heard the learned counsel for the parties, it is evident that the present anticipatory bail application is too vague to be entertained as there is no disclosure as how many persons received injuries and what are the nature of injuries received by them.
The present anticipatory bail application is thus rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 25.10.2021 Gaurav