Allahabad High Court
Shakir @ Shakir Husain vs State Of U.P. on 18 February, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1665 of 2020 Applicant :- Shakir @ Shakir Husain Opposite Party :- State of U.P. Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manish Pandey, learned counsel for the applicant, and Ms. (Dr.) Hridyawati Mishra, learned A.G.A. for the State.
This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 531 of 2019 under sections 452, 376, 511 IPC and section 7/8 Protection of Children From Sexual Offences Act 2012 and section 3(2) 5 SC/ST Act, Police Station Bahajoi, District Sambhal, during the pendency of investigation.
Submission made by the learned counsel for the applicant is that the main allegation is against the co-accused Iqbal. He has been falsely implicated due to political rivalry in the present case. He has apprehension of imminent arrest. If released on bail he would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has opposed the prayer for bail and has stated that the accused-applicant has two criminal cases being case crime no. 431 of 2019 under section 323. 504, 506 and section 3(2) (Da) (Dha)) of SC/ST Act; case crime no. 169/19 under section 147, 452, 323, 504 IPC, P.S. Bahjoi, District Sambhal and in both the cases the accused-applicant has not got himself bailed out.
Looking to the fact that two criminal cases are pending against the accused-applicant, taking into consideration the gravity of accusation, there being criminal antecedents of the applicant and there being possibility of his fleeing from justice, without expressing any opinion on the merits of the case, this Court does not find good ground for enlarging the applicant,Shakir @ Shakir Husain. on anticipatory bail in this case.
The anticipatory bail application of the applicant Shakir @ Shakir Husain is, accordingly, rejected.
Order Date :- 18.2.2020 AU