Basant Lal And Another vs State Of U.P. And Another
2021 Latest Caselaw 6500 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9618 of 2021
 

 
Applicant :- Basant Lal And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohammed Iftekhar,Mohammad Hisham Qadeer
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

1. None for the applicants-Basant Lal son of Mohan Lal Pal and Aman Pal son of Basant Lal against whom FIR has been filed registering Case Crime No.232 of 2019, under Sections 452, 323, 504, 506, 354 IPC and Section 3(2)(v) of SC/ST Act at Police Station-Nawabganj, District-Prayagraj.

2. Learned AGA, Sri Nagendra Srivastava for the State submits that earlier this case was listed on 24.05.2021, when despite sending the link to the counsel for the applicants and counsel for the informant, no one had responded.

3. Learned AGA further submits that earlier applicants had filed Criminal Misc. Writ Petition No.9849 of 2019, which was decided vide order dated 16.04.2019. In the said writ, applicants had sought prayer for quashing of the impugned FIR, but Division Bench of this Court observed that perusal of the allegation as made in the impugned FIR, it cannot be said that no cognizable offence is made out.

4. Relying on the judgments of Hon'ble Supreme Court in case of R.Kalyani Vs. Janak C. Mehta and others; 2009 (1) SCC 516, it is submitted that court refused to quash the FIR and had directed the petitioners to appear and surrender before the court below within 60 days from the date of the order and apply for regular bail.

5. In view of aforesaid facts, once, Division Bench of this Court has already directed the applicants to surrender before the court below and apply for regular bail and had extended protection for a period of 60 days, there is no justification to apply for anticipatory bail in violation of the orders passed by the Division Bench.

6. Thus, in terms of the orders of the Division Bench (supra), this Anticipatory Bail is not maintainable. Same is dismissed as not maintainable.

Order Date :- 21.6.2021/Ashutosh