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Judgment
The matter has been heard through video conferencing. There is no complaint about audio and visual connectivity.
Petitioner has filed the present application for grant of anticipatory bail expressing his apprehension of arrest for alleged offences inter-alia under Sections 302, 120B/34 of the Indian Penal Code.
Heard learned counsel for the petitioner and learned counsel for the State.
Mr. Rajesh Kumar, learned counsel appearing for the petitioner has submitted that it is a fit case to enlarge the petitioner on anticipatory bail in exercise of power conferred under Section 438 Cr.P.C. since according to him a U.D. Case was registered before the Muffassil P.S. being UI.D. Case No. 20 of 2011 and only after a month the instant complaint case has been filed which is by making frivolous allegation against the petitioner. It is further submitted that one of the co-accused namely Firoz Ansari has already been granted anticipatory bail by a Co-ordinate Bench of this Court.
On the other hand, Mr. Sardhu Mahto, learned Additional Public Prosecutor appearing for the State has submitted that it is not a fit case in which the petitioner be granted the benefit of anticipatory bail since it is a
case under Section 302, 120B/34 of the I.P.C. He further submits that he may be allowed to go through the records of U.D. Case No. 20 of 2011. He further submits that as has been submitted by learned counsel for the petitioner that one of the co-accused namely Firoz Ansari has been granted the benefit of anticipatory bail but no such order is available on record.
This Court, having heard the learned counsel for the parties deems it fit and proper to direct the learned A.P.P. to come with the records of U. D. Case No. 20 of 2011 on the next date of hearing. In the meanwhile, the learned counsel for the petitioner, if so wishes, may bring on record the order granting anticipatory bail in favour of one Firoz Ansari.
Let this case be listed after four weeks before appropriate available Bench.