Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19844 of 2021 Applicant :- Shahrukh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, learned AGA on behalf of the State and perused the record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved by the applicants, Shahrukh & Mousim seeking bail in Case Crime No.580 of 2021, under Sections 452, 504, 307 I.P.C., Police Station Ramgarh, District Firozabad, till conclusion of trial.
Learned counsel for the applicants submits that the applicants have no concerned with the case. They have no previous criminal history. Applicant is not involved in any commission of alleged offence. No motive or reason has been assigned in the First Information Report.
Per contra, learned AGA opposed the bail prayer of the applicants and submits that the applicants have criminal history and offence is made out against the applicants.
The object of Section 438 of the Code of Criminal Procedure is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains.
It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society.
Considering the facts and circumstances of the case and submissions of the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, without expressing any opinion on the merits of the case and considering the submission advanced, I find that no good ground is made out for enlarging the applicants on bail.
The anticipatory bail application is accordingly, rejected.
Order Date :- 21.12.2021 SKD