Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16158 of 2021 Applicant :- Santosh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Anil Kumar Mishra
Hon'ble Ajai Tyagi,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime No.40 of 2019, under Sections 147, 148, 452, 323, 325, 504, 506 IPC, Police Station-Behat, District- Saharanpur.
3. From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the court of sessions vide order dated 7.4.2021.
4. 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 vs. State of UP), hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438(3) Cr.P.C. (UP Amendment) is not required.
5. Learned counsel for the applicant has submitted that the applicant is a lady and rest of whole family has been roped in the case by the complainant; she is innocent and has been falsely implicated in the present case. Hence, she be granted bail.
6. Per contra, learned AGA and learned counsel appearing for opposite party No.2 have opposed the anticipatory bail of the applicant and submitted that during investigation, evidence is found against the applicant and charge-sheet has been submitted against her also along with other co- accused persons. Applicant had active role in trespassing and scuffling in the occurrence.
7. Taking into account the severity of allegations and under the above facts and cirucumstances of the case, this Court is not inclined to exercise its powers in favour of the applicant, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 7.10.2021 LN Tripathi