Allahabad High Court
Ishwar Chandra Jaiswal And 3 ... vs State Of U.P. on 6 May, 2022
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3537 of 2022
Applicant :- Ishwar Chandra Jaiswal And 3 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Nagendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Nagendra Pratap Singh, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The instant application has been moved by the accused-applicants- Ishwar Chandra Jaiswal, Vinay Kumar Jaiswal, Gaurav Jaiswal, Rajeev Kumar @ Vikas Jaiswal in Case Crime No. 101 of 2022, under Sections 325, 323 and 504 I.P.C., Police Station Phoolpur, District Prayagraj with the prayer to enlarge them on anticipatory bail.
At the outset learned A.G.A. submits that the applicants are directly approaching this Court and no cogent reason or explanation has been given for the same and thus, having regard to the law laid down by the Full Bench Judgment of this Court passed in 'Ankit Bharti vs. State of U.P. 2020 (3) ADJ 165 (FB)', the instant anticipatory bail application is not maintainable, moreover the alleged offences wherein the anticipatory bail is claimed are all bailable offences and thus, there is also no apprehension of being arrested.
Learned counsel for the applicant while pressing the anticipatory bail application submits that the local police is making attempts to apprehend/arrest the applicants in the above mentioned offences and thus, a suitable direction be given to the trial court for expeditious disposal of their bail application.
Having heard learned counsel for the parties and having perused the record, the reason which was given for directly approaching this Court was to the tune that on 02.05.2022 the marriage of applicant no.3- Gaurav Jaiswal is scheduled to be solemnized. However, the reason which was available earlier to the applicants is now no more available to them as the marriage has already been solemnized. Secondly the alleged offences i.e. under Section 325, 323 and 504 I.P.C. are bailable offences. In the considered opinion of this Court, if the anticipatory bail is being sought pertaining to the bailable offences, the application is not maintainable on the score that there is no apprehension of being arrested and with regard to the bailable offences the bail may be claimed as a matter of right and the only formality which is required to be fulfilled by an accused person of bailable offence is to submit the sureties to the satisfaction of the trial court.
Thus, the anticipatory bail application moved on behalf of the applicants, Ishwar Chandra Jaiswal, Vinay Kumar Jaiswal, Gaurav Jaiswal, Rajeev Kumar @ Vikas Jaiswal is disposed of with the direction to the trial court that if the offences wherein the bail is being sought for by the applicants are bailable, the regular bail application which may be moved by the applicants within a reasonable time to say within 15 days from today, shall be disposed of strictly in accordance with law, after providing an opportunity of being heard to the parties, with utmost expedition.
Order Date :- 6.5.2022
Praveen
