Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8533 of 2021 Applicant :- Samshul Qamar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, 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 applicants seeking anticipatory bail in Case No.2507 of 2017 State Vs. Iqbal and others, arising out of Case Crime No.696 of 2016, under Sections - 498A, 323, 325, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station - Ramgarh, District - Firozabad during the pendency of trial.
Urge made on behalf of the applicants is confined to the ambit that it is matrimonial dispute arisen between the husband and wife due to some misunderstanding which has resulted into lodging of the first information report against the applicants. The Investigating Officer after investigation has erroneously filed charge sheet against the applicants. The applicants have no nexus with the crime in question. They have been falsely implicated in this case. No offence has been committed by the applicants. The allegations levelled against the applicants are false and baseless. In case the applicants are granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned A.G.A. has 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 applicants. No good ground is made out for interference.
However, the relief sought by the applicants can be well obtained by moving appropriate regular bail application before the court concerned. Therefore, it is provided that in case the applicants appear before the court concerned and move appropriate application for bail, the same shall be considered and disposed of by the court concerned on the same day.
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 :- 28.7.2021 rkg