Ravi Verma vs State Of U.P. And Another
2022 Latest Caselaw 5175 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4422 of 2022
 
Applicant :- Ravi Verma
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ram Kumar Yadav
 
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.186 of 2022, under Section 506 IPC and 67 Information Technology (Amendement) Act, 2008, Police Station Hapurnagar, District Hapur, 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. There is no material of evidence against the applicant except the general allegation against the applicant as alleged in the impugned FIR.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.

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