Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12995 of 2021 Applicant :- Shariq Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicant, in Case Crime No. 0235 of 2021, under Sections - 489-A, 489-B, 489-C, 420 I.P.C., Police Station - Simbhawali, District - Hapur.
Urge has been made on behalf of the applicant that the applicant has no concern with the offence alleged against him. The applicant is innocent and has been falsely implicated in this case. No offence, whatsoever, has been committed by the applicant. Neither any suspicious article nor any fake currency was recovered from the possession of the applicant. The name of the applicant has surfaced in the confessional statement of the co- accused. The criminal history of the applicant has been explained in paragraph no. 12 of the affidavit filed in support of the application. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail and has submitted that in this case in so far as the criminal history of the applicant is concerned, that relates to the similar and the same offence previously too and the ground agitated and urged in support of anticipatory bail cannot be considered to be a baseless accusation because there is no reason as to why the co-accused, who spelled the name of the applicant was very much interested in involving the applicant in this case. So far as this ground is concerned, that is the consideration of the regular bail application when it is moved and it cannot be a ground of anticipatory bail.
Upon consideration of the entirety of this case, though the accusation is based on confessional statement of the co-accused, but how can this Court come to examine the authenticity, whether it is correct or incorrect and that is the subject mater of the jurisdiction of the trial court concerned.
Consequently, the instant anticipatory bail application is dismissed, at this stage.
In case, the applicant has any grievance, he may avail remedy before the appropriate forum.
Nothing has been observed on the merit of the case.
Order Date :- 13.8.2021 S Rawat