Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8698 of 2021 Applicant :- Viresh Opposite Party :- State of U.P.
Counsel for Applicant :- Prakhar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Viresh, seeking anticipatory bail in Case Crime No. 1194 of 2020, under Sections - 420, 406, 467, 468, 471, 323, 504 and 506 I.P.C., Police Station - Quarsi, District - Aligarh, during pendency of trial.
3. Learned counsel for the applicant submits that the informant is a student and therefore the allegation of an appointment letter having been issued to him is patently false. Further, it is submitted that no money was ever paid and there is no evidence brought by the informant as may implicate the present applicant. Correctness or otherwise of the submissions being advanced, would remain to be examined during the course of investigation and if required at trial. At this pre-mature state, all that is required to be examined is whether prima facie case is made out against the applicant from bare perusal of the FIR.
4. Examined in that light, no good ground is made for grant of anticipatory bail to the applicant.
5. Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to apply for regular bail, which application when filed may be dealt with on its own merit as expeditiously as possible, without being prejudiced by any observation made in this order.
Order Date :- 7.4.2021 Abhilash