Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13177 of 2021 Applicant :- Tahir Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Sharma
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. 0593 of 2020, under Sections 376D, 506 IPC and 3/4 Muslim Women (Protection of Right of Marriage) Act, 20219, Police Station- Gajraula, District Amroha.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case due to ulterior motive. Applicant is a building constructor and the he is the brother-in-law (nandoi) of the victim. He further submits that husband of the victim resides in Saudi and he (husband of the victim) said for construction of the house from the applicant and promised that when he will return from Saudi then he will pay all the wages but when after some time applicant demanded his wages, a false FIR has been lodged against the applicant so that the money does not have to be paid to the applicant. The applicant has no motive to commit the offence in question. The applicant has no criminal history.
Also heard the learned A.G.A.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that applicant was involved in the offence in the question. Therefore, the arguments advanced here are arguments to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail.
The applicant is free to agitate his claim at the stage of regular bail before the appropriate court. Court below is directed to consider his bail application and pass speaking and reasoned order in accordance with law, preferably, on the same day.
The observation so made in the body of this order shall not prejudice proceeding of the lower court while deciding the case on merit.
Order Date :- 29.7.2021 Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.31 14:57:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad