Shivam Mishra vs State Of U.P. & Anr.
2021 Latest Caselaw 8352 ALL

Citation : 2021 Latest Caselaw 8352 ALL
Judgement Date : 20 July, 2021

Allahabad High Court

Shivam Mishra vs State Of U.P. & Anr. on 20 July, 2021

Bench: Chandra Dhari Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7521 of 2021
 

 
Applicant :- Shivam Mishra
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Chandra Dhari Singh,J.

Heard learned counsel for the applicant; Shri Rajesh Kumar Singh, learned Additional Government Advocate for the State and perused the record.

The applicant is apprehending his arrest in FIR No.51 of 2021, under Section 379 IPC, P.S. Manak Nagar, District Lucknow.

Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the FIR. He is innocent and has been falsely implicated. It is submitted that there is no material against the applicant which connects the applicant with the instant criminal case. The applicant is not named in the FIR and his name has come into picture in the statement of a co-accused. It is also submitted that there is no recovery from the applicant or on the pointing out on him. The applicant is a law abiding citizen and in case he is not granted anticipatory bail, his reputation will be tarnished. Therefore, he is entitled for anticipatory bail.

Per contra, Shri Rajesh Kumar Singh, learned Additional Government Advocate has vehemently opposed the prayer for anticipatory bail and submitted that there is no apprehension of arrest of the present applicant. The maximum punishment for offence under Section 379 IPC is only three years and as per judgment of Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, without compliance of provisions of Section 41 and 41A of Cr.P.C., the accused-applicant shall not be arrested.

In view of the aforesaid statement of learned Additional Government Advocate himself at Bar that without following the provision of Sections 41 and 41A of Cr.P.C., the present applicant shall not be arrested in the FIR in question, the instant anticipatory bail application is disposed of.

Order Date :- 20.7.2021

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