Advocates:
['ARVIND KUMAR DIXIT', '', 'RAVI PRAKASH SINGH', 'G A', '', 'DEVESH KUMAR SHUKLA', 'DHARMESH KUMAR SHUKLA', 'RAJESH SHARMA']

Court No. - 88

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 8052 of 2021

Applicant :- Dinesh Kumar Agrawal

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Arvind Kumar Dixit,Ravi Prakash

Singh

Counsel for Opposite Party :- G.A.,Devesh Kumar

Shukla,Dharmesh Kumar Shukla,Rajesh Sharma

Hon'ble Samit Gopal,J.

The Court is convened through video conferencing.

Heard Sri Arvind Kumar Dixit, learned counsel for the

applicant, Sri Sanjay Kumar Singh, learned A.G.A. appearing

for the State and perused the record.

Sri Devesh Kumar Shukla, Sri Dharmesh Kumar Shukla and Sri

Rajesh Sharma, learned counsels for the first informant are not

present even when the matter has been taken up in the revised

list.

This anticipatory bail application under Section 438 Cr.P.C. has

been filed by the applicant Dinesh Kumar Agrawal, seeking

anticipatory bail, in the event of arrest in Case Crime No. 77 of

2021, under Sections 452, 354(Kha), 323, 504, 506, 306 I.P.C.,

Police Station- Tappal, District Aligarh during pendency of

trial.

Learned counsel for the applicant argued that the applicant has

been falsely implicated in the present case. It is argued that the

allegations in the F.I.R. against the applicant are totally false

and concocted and no incident whatsoever has taken place. The

applicant has not committed any offence. It is further argued

that Bobby Agrawal@Basant Kumar Agrawal has been granted

anticipatory bail by a co-ordinate Bench of this Court vide order

dated 26.7.2021 passed in Criminal Misc. Bail Application U/S

438 Cr.P.C. No. 13228 of 2021 (Bobby Agrawal@Basant

Kumar Agrawal vs. State of U.P. and another).

Per contra, learned State counsel opposed the prayer for bail

and argued that the applicant has approached this Court directly

without assigning any special reason for approaching this Court

directly which is against the judgement of Full Bench of this

Court in the case of Ankit Bharti vs. State of U.P. & Another:

2020(3) ADJ 575. It is argued that the same objection was even

previously raised on 17.6.2021 when the matter was taken up.

Further it is argued that the applicant has criminal history of six

cases including the present case. Learned State counsel has

argued that in so far as the co-accused Bobby Agrawal@Basant

Kumar Agrawal is concerned, he was not named in the F.I.R.

and as such the applicant cannot claim parity with him as the

applicant is named in the F.I.R. as an accused.

After having heard learned counsels for the parties and perusing

the records, it is evident that although this Court in the absence

of any special reason was not inclined to interfere with the

present application under Section 438 Cr.P.C. as the applicant

had approached directly before this Court but looking to the

prevailing condition of pandemic Covid-19, present

anticipatory bail application is hereby entertained.

The applicant is named in the F.I.R. and there are allegations

against him. He is having criminal history of five other cases in

which as per his own showing as stated in para-4 of the

supplementary affidavit dated 09.7.2021, in one case final

report has been submitted in his favour whereas in four other

cases he is on bail. The participation of the applicant in the

present case is clearly a misuse of liberty of bail granted to him

in the other cases.

Looking to the facts of the case and also the criminal history of

the applicant, the present anticipatory bail application is

rejected.

The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad,

self attested by the applicant(s) along with a self attested

identity proof of the said person(s) (preferably Aadhar Card)

mentioning the mobile number(s) to which the said Aadhar

Card is linked.

The concerned Court/Authority/Official shall verify the

authenticity of such computerized copy of the order from the

official