Munna Lal Pachauri And Another vs State Of U.P. And 2 Others
2022 Latest Caselaw 2687 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3356 of 2022
 
Applicant :- Munna Lal Pachauri And Another
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Mohit Kumar
 
Counsel for Opposite Party :- G.A.,Vibhu Rai
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicants, Sri Vibhu Rai, 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. 544 of 2021, under Sections -406, 420, 467, 468, 471, 379, 506 I.P.C., Police Station - Banna Devi, District - Aligarh, 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 N.B.W. has been issued against the applicant on 05.04.2022, therefore, in 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 applicants in anticipatory bail application.

Learned counsel for the applicant fairly accepted the legal submissions advanced by learned A.G.A. as well as, learned counsel for the informant.

Under such facts of the case as well as settled provisions of law, the applicants are not entitled to be released on anticipatory bail in this case.

Accordingly, the anticipatory bail application is rejected.

At this stage, learned counsel for applicant submitted that he would move bail application before the Court below and a direction may be issued to decide the same expeditiously. In case any bail application is filed, Court below shall make all endeavor to decide the same in accordance with law at the earliest.

Order Date :- 12.5.2022/Sartaj