DORI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

(2.) The present anticipatory bail application under Sec. 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest during trial in connection with Session Trial No.488 of 2006 arising out of Case Crime No.5 of 2006, under Ss. 307 and 506 IPC, Police Station Mandi Dhanaura, District Amroha.

(3.) Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is aged about 68 years and suffering from several disease. Initially the impugned FIR has been lodged against the applicant and three other co-accused persons but after investigation, the charge sheet has been submitted against co-accused persons, namely, Mukesh, Jaivir and Karan Singh. Further submission is that during trial, the PW-1 Samarpal has been examined before the trial court and on the basis of his statement, the applicant has been summoned under Sec. 319 Cr.P.C. Being aggrieved, the applicant approached this Court by filing Application U/s 482 Cr.P.C. No.21012 of 2007 and this Court vide order dtd. 10/9/2007 stayed the further proceeding of the aforesaid case and the same is still pending. Further submission is that presently trial is going on and there is no need of custodial interrogation of the applicant, hence, the applicant may be enlarged on anticipatory bail till conclusion of trial. In support of his submission, learned counsel for the applicant has relied upon the judgement of Hon'ble Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154.