Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10204 of 2021 Applicant :- Somveer @ Pappu Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit has been filed, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been given by the applicant, namely, Somveer @ Pappu in Case Crime No. 36 of 2021, under Sections 420, 467, 468, 471, 272, 273, 120B I.P.C.
and Section 60 of the U.P. Excise Act, P.S.- Anoopshahr, District - Bulandshahr.
The FIR version is that on raid conducted by the authorities, 20 litres illegal liquor and other materials used for preparing of illegal liquor were recovered and the accused persons were arrested on the spot and informed that they used to receive illegal liquor and other materials from Somveer (applicant) and Veerpal.
Submission of the learned counsel for the applicant is that the applicant has not been arrested from the spot and other accused Braham Pal Singh who is similarly situated has been granted anticipatory bail. Nothing has been recovered from the applicant. Therefore, a prima-facie case for anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicants are prepared to furnish sureties and bonds, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayed of bail and has submitted that accused persons in this case used to deal in manufacturing and supplying of illegal liquor and in such case, the benefit of anticipatory bail should not be granted. It has been also submitted that after police investigation, charge-sheet has already been filed against the applicant.
Considering the submissions of both the sides. After police investigation, charge-sheet has been already filed. It was proper for the applicant to apply for regular bail before the appropriate forum. It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and even after filing of the charge- sheet, it appears that the applicant has not been arrested nor any serious effort has been made to arrest him. It was necessary for the applicant to show the extraordinary reasons for seeking anticipatory bail. There appears to be no real threat to the applicant of being arrested. 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.
Forum of regular bail is available to the applicant. If the applicant surrenders and gives regular bail application before the court below, the same shall be considered and disposed of in accordance with law expeditiously preferably on the same day.
Order Date :- 28.7.2021 nd