Buddhi Lal vs State Of U.P.
2021 Latest Caselaw 4037 ALL

Citation : 2021 Latest Caselaw 4037 ALL
Judgement Date : 18 March, 2021

Allahabad High Court

Buddhi Lal vs State Of U.P. on 18 March, 2021

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3378 of 2021
 

 
Applicant :- Buddhi Lal
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ambrish Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under Section 438 Cr.P.C. has been filed by the applicant seeking bail in anticipation of his imminent arrest in FIR No.0477 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Colonelganj, District Gonda.

Sri Rao Narendra Singh, learned A.G.A. submits that after non-bailable warrants issued against the accused applicant he could not be arrested nor he himself appeared before the court below and he has been declared as proclaimed offender and proceedings under Sections 82 and 83 Cr.P.C. have been initiated against him. He also submits that in view of the judgment of the Apex Court in the cases of Lavesh Vs. State (NCT of Delhi), (2012) 8 SCC 730 and State of M.P. Vs. Pradeep Sharma, (2014) 2 SCC 171, anticipatory bail cannot be granted to the accused if he has been declared as proclaimed offender and proceedings under Sections 82 and 83 Cr.P.C. have been initiated against him.

In view of the aforesaid, I do not find any good ground to enlarge the applicant on anticipatory bail. Accordingly, the application is hereby rejected. However, the applicant is given liberty to surrender before the trial court within a period of ten days from today and apply for regular bail. In case the applicant appears/surrenders before the court below within ten days from today and applies for bail, the same shall be considered and decided in accordance with law.

For a period of ten days from today, no coercive steps shall be taken against the applicant in pursuance to the FIR in question.

Order Date :- 18.3.2021

Anand Sri./-