Allahabad High Court
Chhote Lal @ Anr. vs State Of U.P. & Anr. on 28 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. - 7934 of 2021
Applicant :- Chhote Lal @ Anr.
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Pradeep Kumar Tripathi,Rajendra Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The accused-applicants are apprehending arrest in FIR No.106 of 2021, under Section 306 IPC, P.S. Pihani, District Hardoi, which is initially lodged under Section 302 IPC.
Learned counsel for the applicants has submitted that the applicants are innocent and have not committed any offence as alleged in the FIR. The Investigating Officer recorded statements of several villagers and on the basis of the said statements, filed charge-sheet on 30.06.2021. It is submitted that the Investigating Officer while converting the offence into Section 306 IPC from 302 IPC on the basis of statements recorded by him, has ignored the statements and contentions of some independent witnesses.
Per contra, Shri Rajesh Kumar Singh, learned Additional Government Advocate has vehemently opposed the submissions made by applicants' counsel and submitted that the applicants are absconding and not cooperating with the investigating agency, which fact has also come in the anticipatory bail application rejection order of the applicants dated 16.07.2021 passed by Court below. It is further submitted that NBW has also been issued against applicants, however, they have chosen not to appear before the Court.
To strengthen his argument, Shri Singh has relied upon a judgment rendered by Hon'ble Supreme Court in the case of Lavesh v. State (NCT of Delhi) - (2012) 8 SCC 730.
Shri Singh has submitted that charge-sheet has been filed against other co-accused persons but since the applicants are absconding, charge-sheet could not be filed against them.
I have heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record, including the FIR and bail rejection order of the Court below.
One of the factors relevant for considering the application for grant of anticipatory bail is the possibility of applicant, if granted anticipatory bail, fleeing from justice. The Hon'ble Supreme Court time and again has submitted that if an accused has been declared as an absconder and has not cooperated with the investigation, he is not entitled for anticipatory bail.
In the instant case, the present applicants are absconding and not cooperating with the investigating agency. NBW has also been issued against them. In such circumstances, I am not inclined to grant anticipatory bail to the present applicants. The instant anticipatory bail application is accordingly rejected.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the investigation or further proceedings.
Order Date :- 28.7.2021
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