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2022 Supreme(All) 653

Suresh Babu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhilesh Srivastava, Saksham Srivastava
For the Respondent: Anuj Srivastava, Ravendra Singh

JUDGMENT :

1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Akhilesh Srivastava and Sri Saksham Srivastava, learned counsel for the applicant, learned AGA and Sri Siddharth Saran and Sri Akhilesh Kumar Mishra, learned counsel who have filed 'Vakalatnama' for the informant/complainant, same is taken on record.

2. Learned counsel for the applicant has filed one second supplementary affidavit enclosing therewith the true copy of the anticipatory bail application filed before the sessions court, the same is taken on record.

3. The present applicant is apprehending his arrest in Case Crime No. 02 of 2021 u/s 323, 504, 506, 313, 376, 377 IPC, P.S. Baghpat, District Baghpat (U.P.). It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged in the F.I.R.

4. The learned AGA as well as learned counsel for the informant/complainant have raised preliminary objection regarding maintainability of the present anticipatory bail application on the ground that the proclamation u/s 82/83 Cr.P.C. has been issued against the applicant, so his anticipatory bail application may not be entertained and no order in such a

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