Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13490 of 2021 Applicant :- Sukhveer Opposite Party :- State of U.P.
Counsel for Applicant :- Rajvendra Singh Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:46:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 122 of 2021, under Sections - 147, 148, 149, 452, 323, 504, 506, 352, 336, 354 (Kha), 120-B I.P.C., Police Station - Marhara, District - Etah, during the pendency of trial.
Contention, in brief, is that both the sides indulged in scuffle, which has resulted into lodging of the F.I.R. by both the sides against each other and the applicants' side was prior in time in lodging the F.I.R. The applicants' side also sustained fracture injuries, whereas on the other side, there is no injury. It so happened that due to the gram pradhan election, the dispute took place, which was started by the other side. It is nothing but political rivalry in order to falsely implicate the applicant in this case by the informant side for malafide motive and purpose and nothing more.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicant is basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment up to 7 years is prescribed, then protection of Section - 41 (1) Cr.P.C. is available to the applicant. The court or the police, as the case may be, shall act in consonance with the spirit of the same.
If the applicant has any grievance, he may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 28.7.2021 S Rawat