Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8538 of 2021 Applicant :- Swaminath Yadav And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, namely, Swaminath Yadav, Baijnath Yadav and Vijaynath Yadav involved in Case Crime No.551 of 2020, under Sections 323, 308 & 506 IPC, Police Station Khajani, District Gorakhpur, applied for anticipatory bail.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case for the purpose of harassment. Applicants have committed no offence. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail but could not dispute the aforesaid facts.
Having regard to the submissions made by learned Counsel for the parties, allegation levelled against the applicants and without expressing any opinion on the merits of the case, the applicants are not entitled to be released on anticipatory bail in this case, therefore, prayer is refused.
Accordingly, the anticipatory bail application is hereby rejected.
However, if the applicants surrender before the Court concerned in aforesaid case and file their bail applications, the same shall be heard and decided expeditiously in accordance with law.
The applicants shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 6.4.2021 /// I.A.Siddiqui