Narendra Mishra vs State Of U.P.
2022 Latest Caselaw 3299 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2834 of 2022
 

 
Applicant :- Narendra Mishra
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Agnihotri Kumar Tripathi,Kamal Dev Rai
 
Counsel for Opposite Party :- G.A.,Dinesh Kumar Maurya,Prabhat Kumar Pandey
 

 
Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A and perused the record.

The instant application is being moved by the applicant namely, Narendra Mishra invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.36 of 2022, u/s 419, 420, 467, 468, 471 I.P.C., Police Station-Shivpur, District-Varanasi.

From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the Court of Sessions vide order dated 03.03.2022.

Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.

It is given to understand that non-bailable warrant has been issued to ensure the attendance of the applicant to face the prosecution. Since, non-bailable warrant and proceedings under section 82 Cr.P.C. has been initiated against the applicant, the present anticipatory bail application is not maintainable in the light of the judgment of Hon'ble the Apex Court in the case of Prem Shankar Prasad Vs. State of Bihar and another reported in 2021 4 Crimes(SC) 303. Thus, I am not inclined to exercise my power to grant anticipatory bail to the applicant in exercise of power u/s 438 Cr.P.C.

However, it is directed that if the applicant surrenders before the concerned court below and applies for bail within 15 days, his bail application shall be considered and decided by the court below in accordance with law.

Till date of surrender of the applicant(within 15 days) before the court below, no coercive action shall be taken against the applicant.

With the aforesaid observations, the present application stands disposed off.

Order Date :- 18.5.2022

Sumit S