Allahabad High Court
Umesh @ Gopal vs State Of U.P. Thru. Addl. Chief ... on 5 December, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2033 of 2022
Applicant :- Umesh @ Gopal
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another
Counsel for Applicant :- Ram Mohan Mishra,Jay Prakash Singh
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 23.11.2022 passed by learned Additional District and Sessions Judge/Special Judge, POCSO Act, Unnao seeking Anticipatory Bail in case crime no. 185 of 2020, under sections 354, 504 IPC and Section 7/8 of POCSO Act, Police Station Bangarmau, District Unnao.
In this case, an FIR was lodged on 07.06.2020 by the uncle of the victim against the applicant for the offence under Sections 354, 504 IPC and Sections 7/8 of POCSO Act in which after culmination of investigation, charge-sheet has been filed on 24.06.2020, on which the concerned court below took cognizance and summoned the applicant vide order dated 02.08.2022. The said order was assailed by the applicant by means of an application under Section 438 Cr.P.C. No. 7366 of 2022 but the relief as sought for by the applicant was refused and the application was finally disposed of vide order dated 17.10.2022 observing that "it is needless to mention that if the applicant appears before the court below and applies for grant of bail, the court below shall consider and decide the same expeditiously, in accordance with law laid down by the Supreme Court in the case of Santender Kumar Antil vs. Central Bureau of Investigation and others : MANU/SC/1024/2021."
From perusal of record, I find that the applicant has not filed the order sheet of the case and he is also not aware about the present status of the case. I also find that the victim in her statement under Section 161 and 164 Cr.P.C. has supported the prosecution case by making allegation of outraging her modesty etc. against the applicant.
Learned counsel for the applicant after advancing some argument and on putting certain query by the Court submits that he does not want to press the instant anticipatory bail application on merits, however, liberty be provided to the applicant to move an appropriate application under Section 439 Cr.P.C. before the concerned Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.
On the other hand learned A.G.A. submits the application under Section 482 Cr.P.C. was filed against the summoning order dated 02.08.2022 in which the co-ordinate Bench of this Court refused to grant relief to the applicant, therefore, in view of the judgment of this Court in the case of Shivam vs. State of UP and another, 2021 (4) ALJ 132, the relief sought by means of this application cannot be granted to the applicant. However, he submits that in case applicant does not want to press this anticipatory bail application on merits, he has no objection to such prayer made on behalf of the applicant.
Having regard to the statement made by learned counsel for the applicant at the Bar, the relief as sought for by the applicant by means of this anticipatory bail application, at this stage, is hereby refused.
Considering the aforesaid alternative prayer made on behalf of the applicant, the instant anticipatory bail application is disposed of with liberty to the applicant to move an application under Section 439 Cr.P.C. before the concerned court below. In case the applicant applies for bail under Section 439 Cr.P.C., the bail application of the applicant shall be disposed of by the courts below in accordance with law in the light of judgement of the Apex Court in the matter of Satender Kumar Antil (Supra).
Order Date :- 5.12.2022
saurabh
