Guljar vs State Of U.P.
2022 Latest Caselaw 5174 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4664 of 2022
 
Applicant :- Guljar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.148 of 2022, under Section 414 IPC and 4/10 Forest Act, Police Station Thanabhawan, District Shamli, during the pendency of investigation.

Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case, in fact, no such incident has taken place. Further submission is that no offence against the applicant is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicant. Further submission is that co-accused has already been granted regular bail by the court below.

Learned AGA has vehemently opposed the prayer for anticipatory bail.

From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant.

Accordingly, the prayer for grant of anticipatory bail to the applicant is hereby refused.

However, it is provided that in case the applicant applies for bail before the court below, the same shall be decided in view of the judgment in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

In view of the above, the present application is disposed of.

Order Date :- 13.6.2022

Ajeet