Anticipatory Bail - Non-bailable warrant issued - Prima-facie case is found to be made out against applicant held that this is not a fit case for grant of anticipatory bail. (High Court Allahabad)

Anticipatory Bail - Non-bailable warrant issued - Prima-facie case is found to be made out against applicant held that this is not a fit case for grant of anticipatory bail. Criminal Procedure Code, 1973 Section 438 Indian Penal Code, 1860 Section 353 Prevention of Public Property Damages Act, 1984, Sections 3 and 5 - Anticipatory Bail Application - As per F.I.R., lodged by informant he is Lekhpal of village concerned - Vacant part of land belonged to Gaon Sabha, on which Gram Pradhan and co-accused were raising small boundaries - After intervention of Sub-Divisional Magistrate and Tehsildar police had to be called and illegal construction was removed - Anticipatory bail rejected to co-accused by Court Case of co-accused is not different from case of applicant - Charge sheet has been submitted against him and he is not appearing before Court below for trial - Non-bailable warrant issued against him Looking to fact that charge sheet has been submitted, which would disclose that prima-facie case is found to be made out against applicant held that this is not a fit case for grant of anticipatory bail - time granted to Two weeks applicant to surrender before Court below Anticipatory bail application of applicant stands disposed of.

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