Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19320 of 2021 Applicant :- Salman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunjesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kunjesh Kumar Dubey, learned counsel for the applicant, Sri Pankaj Mishra, learned counsel for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant , seeking anticipatory bail, in the event of arrest in Case Crime No. 257 of 2021, under Sections 323, 325, 328, 420 & 506 I.P.C., Police Station- Pakbada, District - Moradabad.
Learned counsel for the applicant argued that the applicant is the husband of the injured Shaheen. It is argued that the applicant has been falsely implicated in the present case. The allegations in the FIR are false and concocted. There was a love affair between the applicant and injured since last one year. Both are major persons. The condition of marriage was to transfer a plot in favour of the applicant. It is argued that the injuries as alleged to have been received by Shaheen are fabricated injuries. The Doctor, who conducted the medical examination, has opined the injuries to be about two days old. It is argued that except for injury no. (1), the other injuries, as opined by the Doctor, are simple in nature. It is argued that the applicant has no criminal history as stated in paragraph 24 of the affidavit.
Per contra, learned counsel for the State has opposed the prayer for anticipatory bail and argued that the applicant is named in the first information report and there is allegation against him. It is further argued that in so far as injury no. 1 is concerned, the same was examined by the Expert, who has opined it being grievous in nature. It is argued that as such the injuries cannot be self inflicted or even false injuries.
After having heard learned counsel for the parties and perusing the records, it is apparent that the applicant is named in the first information report and there are allegations against him and the injury no. 1 is grievous in nature.
The present anticipatory bail application is rejected.
Order Date :- 20.12.2021 nd (Samit Gopal, J.)