Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7082 of 2021 Applicant :- Ram Milan Pandey @ Ram Milan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in case crime no. 133 of 2001, under Section 409 IPC, Police Station- Rudhauli, District Basti.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is an old man and he has no concern with the offence in question. The applicant has no criminal history.
Learned AGA has opposed the anticipatory bail prayer of the applicant.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that applicant was involved in the offence in the question. Therefore, the argument advanced here are argument to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicant is free to agitate his claim at the stage of regular bail before the appropriate court.
In view of above, this anticipatory bail application is disposed off.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Order Date :- 28.7.2021 Raj