Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11675 of 2021 Applicant :- Sachin Jain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 76 of 2021, under Sections - 499, 500, 504, 506 I.P.C., Police Station - Shahpur, District - Muzaffar Nagar, during the pendency of trial.
Upon consideration of the various aspects of this case, obviously the sections involved in this case are Sections - 499, 500, 504, 506 I.P.C. So far as the merit of the case is concerned, the only claim raised before this Court is that the matter itself is not cognizable and is barred by Section - 199 Cr.P.C., as such no proceeding can be initiated against the applicant.
At this stage, learned A.G.A. has submitted that in this case, the allegations are specific and so far as the legal point regarding jurisdiction, limitation etc. all are concerned, that can be raised before the trial court concerned and that is the appropriate forum. In case, the applicant establishes its case satisfactorily before the trial court, the appropriate relief can be provided by it. Further, he submitted that in this case after due investigation, charge-sheet has been submitted against the applicant and he has better opportunity to move before the regular court for obtaining the relief on the point of jurisdiction by challenging the same.
I have considered the rival submissions and the entirety of this case as brought before this Court. So far as the the point of jurisdiction is concerned, that can be well raised before the trial court concerned.
With the aforesaid observation, this application stands disposed of. Nothing has been observed on the merit of the case.
Order Date :- 13.8.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.19 17:49:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad