Pradeep vs State Of U.P. And Another
2022 Latest Caselaw 4659 ALL

Citation : 2022 Latest Caselaw 4659 ALL
Judgement Date : 30 May, 2022

Allahabad High Court

Pradeep vs State Of U.P. And Another on 30 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. - 4192 of 2022
 

 
Applicant :- Pradeep
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gaurav Singh Chauhan,Anoop Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. This is an application seeking anticipatory bail in Case Crime No. 0202 of 2019, under Section 489-C IPC, Police Station Sikandrabad, District Bulandshahar, which is filed after filing of charge sheet and according to learned A.G.A. appearing for State proceedings under Section 82 Cr.P.C. have been initiated against applicant.

2. Sri Gaurav Singh Chauhan, learned counsel for applicant, submits that applicant is a resident of District Jhajjhar, State of Haryana and he has no knowledge about any FIR as well as any other subsequent proceedings except that a charge sheet has been filed against him. He has also submitted that no case is made out against applicant on the basis of contents of FIR.

3. Considering that charge sheet has already been filed against applicant as also that proceedings under Section 82 Cr.P.C. have also been initiated, in view of judgment passed by Apex Court in Abhishek vs. State of Maharashtra and others, 2022 SCC OnLine SC 678 as well as the judgment passed by this Court in Yogendra Kumar Mishra vs. State of U.P. and another, 2022(4) ADJ 667, I do not find that prayer for anticipatory bail can be accepted.

4. At this stage, learned counsel for applicant submits that applicant is ready to surrender before the Trial Court and prayed that Trial Court be directed to consider his bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

5. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

6. In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to applicant to surrender before Trial Court and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (supra).

Order Date :- 30.5.2022