Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16411 of 2021 Applicant :- Sablu @ Azahar Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, is taken on record. Heard learned counsel for the applicant and learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicant, Sablu @ Azhar with a prayer to release him on anticipatory bail in Case Crime No.6 of 2020, under Sections 354, 427, 323, 504, 506 I.P.C., Police Station Bajariya, district Kanpur Nagar.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
The First Information Report of this incident was got lodged by the complainant to police against four named, 10-15 unknown persons including applicant alleging therein that present accused who is bhumafias regarding grabbing of her house after demolishing the boundary wall. It was alleged in the first information report that the complainant raised an objection then all the accused persons after hurling abuses assaulted her mercilessly.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. He submitted that first information report has been lodged just to tarnish the image of the applicant and his family members with an object to injure the reputation of the applicant by having him so arrested. He submitted that no proceedings under Sections 82 and 83 Cr.P.C. have been initiated against applicant. He submitted that charge sheet has not been filed till date. He submitted that applicant undertakes to cooperate during investigation and he will not tamper with the evidence in any way.
Learned A.G.A. opposed the prayer for anticipatory bail. He submitted that it is not a case of malicious prosecution of the applicant in the present case, hence the applicant is not entitled to be enlarged on anticipatory bail.
After hearing learned counsel for the parties and after perusal of the material on record, considering the antecedents of the applicant, considering the gravity of offence, considering the possibility of the applicant to flee from justice where the acquisition has been made with the object of injuring or humiliating the applicant by having him so arrested and considering the facts and circumstances of the case, this Court does not find it a fit case to grant anticipatory bail to the applicant.
Accordingly, the anticipatory bail is rejected.
Order Date :- 23.12.2021 R./