Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17102 of 2021 Applicant :- Talha Opposite Party :- State of U.P.
Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Gyan Prakash Mishra, learned counsel for the applicant, Sri Pratik Prajapati, Advocate holding brief of Sri Mohd. Zakir, learned counsel for the first informant and Sri S.B. Maurya, learned AGA for the State.
Sri Pratik Prajapati holding brief of Sri Mohd. Zakir, learned counsel for the first informant is directed to file his Vakalatnama in the office within four days from today, the office shall trace out the same and place it on record and make a note about it in the order sheet.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 280 of 2021, under Sections 308 I.P.C., P.S. Narsaina, District Bulandshahr during pendency of investigation.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the allegations in the F.I.R. naming the applicant and three other accused persons, are general and omnibus. It is further argued that the applicant is a student of B.Sc. IInd year and his naming is only for the reason that his career gets effected. It is argued that the applicant was not present at the place of occurrence but was present in Delhi and was attending his on-line classes but has been implicated in the present case due to village party bandi. The applicant has no other reported criminal antecedent as per para-13 of the affidavit in support of present anticipatory bail application.
Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for anticipatory bail and argued that the applicant is named in the F.I.R. The injured has received as many as 18 injuries on his person. There is an allegation of the applicant and the other co-accused persons assaulting the injured. It is prayed that the prayer for anticipatory bail be rejected.
After hearing learned counsels for the parties and perusing the material on record, it is evident that the injured has received as many as 18 injuries, I do not find any ground to interfere in the matter.
Accordingly, the anticipatory bail application is dismissed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 23.10.2021 Naresh