Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7181 of 2021 Applicant :- Ram Sunder Opposite Party :- State of U.P. and Another Counsel for Applicant :- Annapurna Devi,Deepak Singh Counsel for Opposite Party :- G.A.,Narendra Nath Tripathi
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri N.N. Tripathi, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.477 of 2017, under Sections - 354, 354(B), 376, 504 I.P.C., Police Station - Bhelupur, District - Varanasi during the pendency of trial.
Urge made on behalf of the applicant is confined to the ambit that how it can be possible that the husband of the victim will encourage the applicant to commit rape on the victim. The story set up by the informant is false and baseless. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned counsel for the informant and learned A.G.A. have opposed the prayer for anticipatory bail.
After considering the rival submissions raised by both the parties and the averments contained in this anticipatory bail application, obviously the documents placed on record carry substantive allegations, which have been backed up by the sufficient material against the applicant. No good ground is made out for interference.
However, the relief sought by the applicant can be well obtained by moving appropriate regular bail application before the court concerned. Therefore, it is provided that in case the applicant appears before the court concerned and moves appropriate application for bail, the same shall be considered and disposed of by the court concerned expeditiously.
With the aforesaid observation, this application stands disposed of.
The observation made herein above will have no bearing upon the merit of the case.
Order Date :- 29.7.2021 rkg