Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8558 of 2021 Applicant :- Waseem And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of applicants-Waseem and Banti in the event of his arrest in Case Crime No.016 of 2021, under Sections 354-Ka, 323, 307 I.P.C., Police Station Shahganj, District-Agra.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. They have committed no offence. It is further submitted that the applicant no. 1 is the husband and applicant no. 2 is Dewar of first informant / opposite party no. 2 herein. He further submits that there has been some earlier litigations pending between the parties and applicant no. 1 has filed a complaint No. 10017 of 2019 against the first informant / opposite party no. 2 herein prior to present F.I.R. and in the said complaint first informant was ordered to be summoned under Section 406 I.P.C. for the trial. It is counter blast case by first informant to exert pressure upon the accused applicants to withdraw the previous complaint. He further submits that if the applicants are enlarged on anticipatory bail, they shall not misuse the liberty of bail and would co-operate with the investigation. There is no possibility of the applicants' fleeing away from the judicial process.
Learned AGA vehemently opposed the anticipatory bail application and submitted that the on 01.01.2021 at about 4:00 p.m., accused applicants molested and beat the victim with intention to kill her.
Having regard to the submissions made by learned counsel for the parties, allegation levelled against the applicants and relation of present applicants with victim, applicants deserves no anticipatory bail.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 6.4.2021 Manoj