Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12768 of 2021 Applicant :- Vivek Kumar Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh,Anil Kumar Bind Counsel for Opposite Party :- G.A.,Indradeo
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 04 of 2021, under Section - 304 I.P.C., Police Station - Kon, District - Sonbhadra, during the pendency of trial.
Applicant urges that it is purely an accidental case. Initially, a case was registered under Sections – 279 and 304-A I.P.C., wherein the applicant has already been granted bail. During the course of investigation, Section – 304-A I.P.C. was converted into Section - 304 I.P.C. without any rhyme or reason and without any evidence of any sort, which may bring the case within the purview of Section 304 I.P.C.
Per contra, learned counsel for the informant claims that in this case history reveals that a similar case of accident was earlier caused by four wheeler against the same person and some rental dispute is existing between the applicant and the informant, due to which, the intention and the knowledge to cause harm is obviously existing. How can it be possible that one and the same person is being hit twice by the same person using different vehicles.
Learned A.G.A. has adopted the contention of the learned counsel for the informant.
After considering the rival submissions raised by both the parties and the averments contained in this anticipatory bail application, obviously at present no good ground is made out for interference, for the reason that relief sought by the applicant can be well obtained by moving appropriate regular bail application before the court concerned by extending arguments before the court below.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned and moves appropriate application for bail, the same shall be considered and disposed of by the court below on the same day.
With the aforesaid observation, this application stands disposed of.
The observation made herein above will have no bearing upon the merit of the case.
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.02 16:14:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 28.7.2021 S Rawat