PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) The present application has been moved seeking anticipatory bail in Case Crime No. 184 of 2017, under Ss. -307, 504 IPC, police station Magorra, district Mathura with the prayer that in the event of arrest, applicant may be released on bail.

(3.) It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. The first information report of this case has been lodged making false and baseless allegations, as a counter-blast to the first information report dtd. 13/6/2017, which was lodged by the father of applicant. During investigation, applicant was granted interim relief by this court vide order dtd. 28/11/2017, passed in Criminal Misc. Writ Petition No. 26419/2017. After filing of charge-sheet the applicant has challenged the proceedings of the case and by order dtd. 5/6/2018, passed in application under Sec. 482 No. 20554/2018, the proceedings of the case were stayed by this Court and thereafter, the interim order was again extended by this Court vide order dtd. 10/12/2019 but later on the court below has passed the order dtd. 4/4/2022 and referring to the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. v. Central Bureau of Investigation [AIR 2018 SC 2039], the non-bailable warrants have been issued against him. It has also been pointed out that while the proceedings of this case were stayed by this Court and without issuance of any notice, summon or bailable warrants, the court below has directly issued the non-bailable warrants against applicant. It was also pointed out that it is a no injury case. It has further been submitted that applicant has no criminal antecedents and that applicant undertakes to co-operate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during trial and would obey all conditions of bail.