Sonu Chandela vs State Of U.P.
2022 Latest Caselaw 3975 ALL

Citation : 2022 Latest Caselaw 3975 ALL
Judgement Date : 24 May, 2022

Allahabad High Court

Sonu Chandela vs State Of U.P. on 24 May, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2080 of 2022
 

 
Applicant :- Sonu Chandela
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rakesh Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for the applicant and Shri.Munne Lal, learned A.G.A.

By means of this anticipatory bail application, the applicant is seeking anticipatory bail in Case Crime No.1014 of 2021, under Section 379 I.P.C. and 4/21 Mines Act, 1952, Police Station-Bisrakh, District-Gautam Budh Nagar.

Learned counsel for the applicant fairly submits that there are three criminal cases against the applicant which has been duly explained in the supplementary. The applicant has been made accused by name in the F.I.R. arising out of Case Crime No.1014 of 2021. However, name of the applicant surfaced only on the basis of suspicion and there is no averment regarding any involvement of the applicant. He further submits that the offence under the aforesaid act are punishable with punishment less than 7 years, therefore, in case any custodial interrogation is required that could be done only after appropriate notice is given under Section 40 and 41-A of Cr.P.C.

Learned A.G.A. has opposed the anticipatory bail. He fairly submits that in view of the judgment passed by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, the Investigating Officer is obliged to follow the procedure prescribed under Section 40 and 41-A Cr.P.C.

In view of the above, I do not find any case for anticipatory bail as there are allegations against the applicant of theft of minerals which is a property of the State, therefore, prayers made in this application are rejected.

This application is disposed of with the direction that the Investigating Officer shall follow the law laid down by the Supreme Court in the case of Arnesh Kumar (supra).

Order Date :- 24.5.2022