Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12154 of 2021 Applicant :- Sarvesh Singh And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav 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 record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 0046 of 2021, under Section - 308 I.P.C., Police Station - Civil Lines, District - Moradabad, during pendency of trial.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicants is basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment up to 7 years is prescribed, then protection of Section - 41 (1) Cr.P.C. is available to the applicants. The court or the police, as the case may be, shall act in consonance with the spirit of the same.
If the applicants have any grievance, they may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 30.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:58:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad