Allahabad High Court
Amit Verma vs State Of U.P. Thru. Prin. Secy. ... on 20 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. - 2130 of 2022
Applicant :- Amit Verma
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Pramod Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
On the matter being taken up, Mr. Virendra Kumar Shukla, learned Advocate, has put in appearance and has filed Vakalatnama on behalf of complainant/opposite party no. 2 in Court today, which is taken on record.
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 01.12.2022 passed by learned Sessions Judge, Sultanpur, seeking Anticipatory Bail in Case Crime No. 50 of 2022, under Section 376 IPC, Police Station Dostpur, District Sultanpur.
In this case, first information report was lodged on 13.03.2022 under Sections 376, 504, 506 IPC against the applicant Amit Verma and co-accused Lalji Verma making allegation inter alia of committing rape upon the complainant against the applicant on the pretext of marriage, in which after culmination of investigation, charge-sheet has been submitted on 26.06.2022.
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.
It is submitted by learned counsel for the complainant/opposite party no. 2 that the applicant has not come with clean hand and the applicant has challenged the charge-sheet dated 26.06.2022 by means of an application under Section 482 Cr.P.C. No. 6466 of 2022 which was dismissed vide order dated 27.09.2022, therefore, in view of the judgment in the case of Shivam Vs. State of U.P. and another, 2021 (4) ALJ 132, relief as sought for by means of this application cannot be granted to the applicant.
However, learned counsel for the complainant/opposite party no. 2 and learned A.G.A. submits that in case applicant does not want to press this anticipatory bail application on merits, they have 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 and in the light of judgement of the Apex Court in the matter of Satender Kumar Antil (Supra).
Order Date :- 20.12.2022
Shubham
