Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13740 of 2021 Applicant :- Sultan Singh Opposite Party :- State Of U.P Counsel for Applicant :- Parvat Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 0418 of 2020, under Sections - 379 and 411 I.P.C. and Section - 2/3 of Public Property Damage Act, 1984, Police Station - Sarsawa, District - Saharanpur, during the pendency of trial.
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.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 29.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:49:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad