LAWS(ALL)-2021-7-252

BANWARI Vs. STATE OF U.P.

Decided On July 19, 2021
BANWARI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri A.P.Paul and Sri B.B.Paul, learned counsel for the applicants, learned AGA for the State and perused the material brought on record.

(2.) The instant application is being moved by the applicants Banwari, Smt. Rupa Devi and Km. Puja invoking the powers of Sec. 438 Cr.P.C., apprehending their arrest in connection with Case Crime No.90 of 2021, under Ss. 498A, 304B and 201 IPC and Sec. 3/4 D.P. Act, P.S. Awagarh, District Etah during the pendency of the trial.

(3.) From the record, it is evidence that the applicants have approached this Court straightway without their anticipatory bail rejected from the court below. In paragraph 17 of the affidavit accompanying the bail application, it has been mentioned that on account of lockdown, civil and criminal courts are paralysed and non-functional and hence they approached this Court directly. The reasons attributed by the learned counsel for the applicants, the Court is satisfied and I am inclined to entertain this anticipatory bail application under Sec. 438 Cr.P.C.