Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13501 of 2021 Applicant :- Vijay Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This anticipatory bail application has been given by the applicants - Vijay Kumar and Deepak in Case Crime No. 190 of 2021, under Section 147, 148, 149, 452, 323, 324, 307, 504 I.P.C., P.S. Nauchandi, District - Meerut.
The first information report version is that the incident took place from 4.5.2021 to 5.5.2021 in respect of which on 6.5.2021 FIR was lodged by Neetu Dham against the applicants and other six accused persons with the allegations that the children were playing in the lane and they went to the other lane in which the house of the applicant no. 1 situates. His wife came out outside and started abusing the children and beating them. When the informant side reached there in order to save the children the accused persons with lathi and danda in their hands started beating them and abusing them and in the incident several persons sustained injuries. Thereafter, an information was given on 112 and the police took all of them for medical on the next day morning. On 5.5.2021 at 7 - 7.30 a.m. again the accused persons came, entered into the house of the informant and by iron rod and sharp weapons attacked on the informant side in which several persons got injured and some of them were treated in the hospital.
Submission of the learned counsel for the applicants is that from the side of the applicants, an FIR was lodged against the informant in the year 2018 and in order to create pressure for settlement in that case, the informant side further committed 'marpit' and got injured several persons from the side of the applicants in respect of which the FIR was lodged on 5.5.2021, one day before the lodging of the FIR by the informant side. Further submission is that the informant side as a counter-blast lodged a belated FIR to create pressure on the applicants' side for settlement. Learned counsel for the applicant further submits that the applicants have been falsely implicated in this case and in such type of situation, they are entitled to the benefit of anticipatory bail.
Injury reports have also been filed from the applicants' side.
Learned AGA has vehemently opposed the prayer of bail and submitted that in the incident, Neetu has sustained five injuries and one of the injury is lacerated wound on her head, Dharampal has sustained six injuries and one of the injury is on his head, Kusum has sustained two injuries, one being on her head, Devendra has sustained three injuries, one is on his head. Therefore, learned AGA has has submitted that the fact that an FIR was lodged from the side of the applicants in respect of same day incident showing that certain persons of their side sustained injuries, may be a ground which can very well be taken in a regular bail application. Further submission is that there is no ground for anticipatory bail and the application is liable to be rejected.
Considered the submissions of both sides. In the incident four persons have sustained injuries by the side of the informant and the FIR has been registered for the offence under Section 452, 307, 325, 324 I.P.C. besides other Sections including that the accused persons constituted an unlawful assembly in order to commit the offence. The argument of the learned AGA appears to be appropriate that the fact of FIR being lodged from the side of the applicants one day before, can very well be taken in case of regular bail application being filed. Anticipatory bail application is not a substitute of a regular bail application. Anticipatory bail application is to be given in only extra- ordinary situation and it should also be shown that there is possibility of immediate arrest of the applicants. There appears to be no such possibility as more three months have already passed and there is nothing on record to show that any serious effort has been made to cause the arrest of the applicants. Therefore, on both counts the anticipatory bail application fails. As such, I do not find any force in the anticipatory bail application and the same is rejected.
In case the applicants surrender and give regular bail application before the appropriate forum, the same shall considered and disposed of expeditiously, preferably on the same day in accordance with law.
Order Date :- 12.8.2021 nd