Citation : 2022 Latest Caselaw 3225 ALL
Judgement Date : 17 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1505 of 2022 Applicant :- Indrasen Singh @ Vikki Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicants, Indrasen alias Vikki Singh and Ram Baksh with a prayer to release them on bail in Case Crime no. 458 of 2017, under sections 406, 504 and 506 I.P.C., P.S. Harraiya, district-Basti.
Learned counsel for the applicant has contended that applicants are absolutely innocent and have been falsely implicated in the present case only just to tarnish their images and injure their reputation in the society. He lastly submits that that there is no criminal history against the applicants, hence they are entitled to be enlarged on anticipatory bail. The applicants have definite apprehension that they may be arrested by the police any time.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail and submitted that non bailable warrant has been issued against the applicants in the matter.
Having heard learned counsel for the applicants and upon perusal of material brought on record as well as complicity of accused and also judgment of the Apex Court in the case of Prem Shankar Prasad vs. State of Bihar, 2021 SCC OnLine SC 955, in which the Hon'ble Apex Court has opined that if coercive action has been initiated against the accused/applicants, then the anticipatory bail is not maintainable.
Accordingly, this application is dismissed as not maintainable.
Order Date :- 17.5.2022
Faridul
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