Vidhan Yadav vs State Of U.P.
2022 Latest Caselaw 6306 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5049 of 2022
 

 
Applicant :- Vidhan Yadav
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sanjay Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard Mr. Sanjay Shukla, learned counsel for the applicant and learned Additional Government Advocate for the State.

The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No.151 of 2022, under Sections 392, 354 (ka), 323 IPC, Police Station Pipraich, District Gorakhpur.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case just to harass the applicant. There is no independent eye witness of the alleged incident. Nothing incriminating article has been recovered from the possession of the applicant. Further submission is that applicant is a political person and the first informant in collusion with another political party, lodged the impugned FIR just to destroy the political career of the applicant. The applicant has no criminal antecedent.

Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant and has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The FIR is prompt and applicant is named in the FIR. There is clear cut allegation against the applicant.The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

From the perusal of material on record as well as considering the facts and circumstances of the case and submissions advanced, at this stage, it cannot be said that no offence is made out against the applicant.

Accordingly, the prayer for grant of anticipatory bail to the applicants is hereby rejected.

However, it is provided that in case the applicant applies for bail before the court below, the same shall be decided in view of the judgment in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Order Date :- 7.7.2022

Ajeet