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Judgment
Vishal Mishra, J
The applicant has filed this first application under section 438 Cr.P.C. for grant of anticipatory bail as he has an apprehension of his arrest in
connection with Crime No.275/2020 registered at Police Station Jhansi Road, District Gwalior for the offences punishable under Sections 465, 468,
473 of IPC.
It is alleged that the applicant is a government servant working in the Railways Department. As per the prosecution story the allegation made against
the present applicant are not made out. It is submitted that the FIR is belated by two days. The investigation is almost over in the matter and no
recovery is to be made from the present applicant. It is argued that as far as criminal history of the applicant as pointed out by the State Counsel, three
cases are old cases in which he has already on bail, the fourth is present case itself. He is ready to abide by all the terms and conditions that may be
imposed by this Court and prays for grant of bail.
Per contra counsel for the State has submitted that there is active participation of present applicant in the commission of offence. Certain articles are
also being seized from the present applicant which are being used for commission of offence. He is having a criminal history of four cases including
offence under section 307 of IPC.
At this stage applicant's counsel submitted that the three criminal cases are an outcome of family dispute regarding the property, but he fairly submits
that the same is pending consideration in which the applicant is on bail.
Considering the overall facts and circumstances of the case, this Court is not inclined to allow the anticipatory bail of the applicant.
The application for anticipatory bail of the applicant is hereby rejected.
The applicant is directed to surrender and apply for regular bail.
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