Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18327 of 2021 Applicant :- Shivaji @ Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Akash Tomar, learned counsel for the applicant and Sri Satish Kumar Singh, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Shivaji @ Shiva, seeking anticipatory bail, in the event of arrest in Case Crime No. 424 of 2021, under Sections 147, 148, 149, 323, 336, 504, 506, 307, 188, 269, 270 IPC and 7 Criminal Law Amendment Act and 51, 57 Disaster Management Act, 2005 and 3 the Epidemic Disease Act, 1987, Police Station Lisari Gate, District Meerut.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the First Information Report has been lodged against 13 named and 10-15 unknown women and male persons. It is argued that the incident in question was a fight between two groups in which the applicant has been falsely implicated in the present case. It is further argued that the present case is a case of no injury as stated in para 22 of the affidavit. The implication of the applicant is without any credible evidence. It is argued that naming of the applicant itself goes to show that the same was on being prompted by someone. Learned counsel has further argued that co-accused Rakam Singh has been granted bail by the trial court vide order dated 7.09.2021, copy of the order is annexed as annexure 6 to the affidavit in support of anticipatory bail application. The applicant is having no criminal history as stated in para 25 of the affidavit except for one case which has been disclosed in para 14 which was lodged subsequent to the present First Information Report.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant is named in the First Information Report and the matter was of a fight between two groups in which there was complete lawlessness.
After having heard the counsels for the parties and perusing the records, it is evident that the applicant is named in the First Information Report. There are allegations in the First Information Report. I do not find a fit case for interference.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 17.12.2021 M. ARIF (Samit Gopal, J.)