Manoj Musahar vs State Of U.P.And Another
2022 Latest Caselaw 2677 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3353 of 2022
 

 
Applicant :- Manoj Musahar
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Virendra Kumar Shukla
 
Counsel for Opposite Party :- G.A.,Vivek Kumar Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant, Sri Vivek Kumar Singh, learned counsel for the complainant, as well as, learned AGA for the State and perused the material placed on record.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. -369 of 2019, under Sections -376, 506 I.P.C. and 3/4 POCSO Act, Police Station - Khutahan, District -Jaunpur, during the pendency of investigation.

At the very outset, learned A.G.A. as well as, learned counsel for the informant have raised preliminary objection and stated that in the present matter, charge sheet was submitted on 09.01.2020 and applicant is continuously absconding from the judicial proceedings. They have also submitted that now Court has issued N.B.W. on 27.04.2022 and just to skip the same, he has filed present anticipatory bail application. Lastly they have submitted that in the light of judgments of Apex Court in the matters of Prem Shankar Prasad Vs. State of Bihar, 2021 SCC OnLine SC 955, State of Madhya Pradesh vs. Pradeep Sharma (2014) 2 SCC 171 and Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730, once the coercive proceeding has been started to arrest the accused, no protection can be extended to the applicant in anticipatory bail application.

Learned counsel for applicant could not dispute the aforesaid facts as well as legal submissions advanced by learned A.G.A., as well as learned counsel for the complainant.

Under such facts of the case as well as settled provisions of law, the applicant is not entitled to be released on anticipatory bail.

Accordingly, the anticipatory bail application is rejected.

Order Date :- 12.5.2022

Sartaj