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2022 Supreme(All) 691

SHEKHAR KUMAR YADAV
Ram Bahadur Sahani – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Shaili Ganguly.
For the Opposite Party : G.A., Uma Nath Pandey.

JUDGMENT :

1. Heard Mr. R. Krishnamurti, holding brief of Mrs. Shaili Ganguly, learned counsel for applicant, learned Additional Government Advocate for the State, Mr. Shiv Ram Dubey, holding brief of Mr. Uma Nath Pandey, learned counsel for opposite party no.3 and perused the material available on record.

2. The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending her arrest in connection with Case Crime No.505 of 2021, under Sections 420, 406 IPC, Police Station Kasana, District Gautam Budh Nagar.

3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Due to civil litigation pending between applicant and complainant, the complainant has lodged FIR through an application under Section 156 (3) Cr.P.C. just to create pressure upon the applicant. The applicant has no criminal antecedents. During arguments, learned counsel for the applicant has submitted that since all the offences are punishable with less than seven years of imprisonment, therefore, ratio of law laid down by Supreme Court in case of Arnesh Kumar Vs. State of Bi

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