Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14007 of 2021 Applicant :- Shivam Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Chandra Tiwari,Anil Kumar Singh,Kiran Tiwari,Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed by the applicant Shivam Sharma in Case Crime No. 278 of 2021, under sections 384, 352, 504, 506 I.P.C., P.S.- Etamaddaula, District - Agra.
The first information report has been lodged by informant Sanju Jain in which applicant has been named with two other co- accused persons and the allegation is that on the date and time of incident on Chhotu @ Lalit Pandit came with the applicant keeping in hand a knife and used abusive language and assault was committed and extortion of Rs. 5000/- was demanded and threatening was advanced to the informant. The informant gave them Rs. 1000/- but the accused persons threatened him with dire consequences.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. No such offence was committed. The applicant is a young man aged about 25 years and he gives tuition of mathematics and science to the students. There is no witness of the occurrence and only on account of enmity, false first information report has been lodged. The police wants to arrest the applicant, therefore, it is a fit case for anticipatory bail. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that the applicant has demanded extortion by threatening the informant, therefore, the offence is serious and in such kind of cases, anticipatory bail cannot be given.
Considered the submissions of both the sides. the accusation against the applicant is of extorting money by threatening, as such the offence is serious. The forum of regular bail is open to the applicant that the grounds which have been taken in support of the anticipatory bail, may be raised in regular bail. It does not appear any extraordinary reason for seeking the relief of anticipatory bail.
It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. The applicant has not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
A direction is, however, given to the court below that in case, applicants surrender and give bail application, the same shall be considered and disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 27.9.2021 sailesh