Allahabad High Court
Harbhajan Singh vs State Of U.P And Another on 6 May, 2022
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3483 of 2022
Applicant :- Harbhajan Singh
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Deepak Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Deepak Singh, the learned counsel for applicant and the learned A.G.A. for State.
This application for anticipatory bail has been filed by applicant- Harbhajan Singh in connection with Case Crime No.130 of 2018, under Sections 420, 452, 406, 323, 504, 506 I.P.C., Police Station- Govind Nagar, District- Kanpur Nagar.
At the very outset, learned A.G.A. contends that charge sheet has been submitted against applicant on 20.12.2018. He has further invited the attention of Court to the order dated 25.02.2020 passed by this Court in Application under section 482 Cr.P.C. No.7118 of 2020 (Harbhajan Singh and 2 Others Vs. State of U.P. and Anothers). For ready reference, same is reproduced herein under:-
"Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet dated 19.12.2018 and summoning order dated 4.5.2019 as well as further proceedings of Case No. 12652 of 2019 (State vs. Harbhajan Singh & others) arising out of Case Crime No. 130 of 2018, under Sections 420, 323, 406, 504, 506, 452 IPC, P.S. Govind Nagar, District- Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.
At the very outset, learned counsel for the applicants has not pressed the other prayer and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Considering the prayer of the applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of."
On the aforesaid premise, learned A.G.A. contends that present application for anticipatory bail is misconceived. The appropriate remedy for the applicant was to surrender before court below and apply for bail.
When confronted with above, learned counsel for applicant could not overcome the same.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgment of Apex Court in P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not find any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.
Accordingly, the present application for anticipatory bail is rejected.
Order Date :- 6.5.2022
Saif
