Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8422 of 2021 Applicant :- Sachin And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Sengar,Ram Govind Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This anticipatory bail application has been given by the applicants, namely, Sachin, Manoj Soni and Kamal Soni in Case Crime No.0127 of 2021, under sections 323, 307, 342 IPC, P.S. Tronica City, District Ghaziabad.
Submission of learned counsel for the applicants is that a marpeet took place between both sides and in that marpeet thumb of the wife of applicant Manoj was fractured, in which settlement took place outside the Court between the parties. But the informant in this case did not go by that settlement and lodged an F.I.R. against applicants. F.I.R. version is that a quarrel took place between the parties in which the brother of informant sustained injuries and on the basis of medical report addition of section 307 IPC was made. Submission of learned counsel for the applicants is that applicants have been falsely implicated in this case and they are entitled to be released on anticipatory bail.
Learned AGA has opposed the bail application and has pointed out that the injured has sustained as many as 11 injuries and keeping in view the injuries sustained, the applicants are not entitled to be released on anticipatory bail.
Considered the submission of both the sides, the accusation against the applicants is for the offence of attempt to murder.
Considering the reasons of the offence and punishment as prescribed for it, I do not find sufficient reason for giving the applicants benefit of anticipatory bail, hence the anticipatory bail application is rejected.
However, a direction is given to the court below that in case applicants surrender and give bail application, the same shall be disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 27.7.2021/Tamang